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Housing Associations Act 1985

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Part IE+W+S Regulation of Housing Associations

IntroductoryE+W+S

1 Meaning of “housing association” and related expressions.E+W+S

(1)In this Act “housing association” means a society, body of trustees or company—

(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital [F1;

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a [F3registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014] [F4(in this part referred to as “the 1965 Act”)].

(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

Textual Amendments

F2Words in s. 1(1) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(2); S.S.I. 2001/336, art. 2(3) (with transitional provisions and savings in art. 3)

F4Words in s. 1(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

2 Meaning of “housing trust”.E+W+S

In this Act “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

F52A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F5S. 2A repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))

[F62B Meaning of “registered housing association”, “registered social landlord” etc.E+W+S

In this Act, unless the context otherwise requires—

  • “registered housing association” means a housing association registered in the register [F7of social landlords maintained under [F8section 20(1) of the Housing (Scotland) Act 2010 (asp 17)]],

  • [F9“registered social landlord” has the same meaning as in Part I of the Housing Act 1996, and]

  • [F10“unregistered”, in relation to a housing association, means [F11not] registered in the register of social landlords maintained under [F12section 20(1) of the Housing (Scotland) Act 2010 (asp 17)].]

  • [F10“unregistered”, in relation to a housing association, means—

    (a)

    not registered as a provider of social housing under Part 2 of the Housing and Regeneration Act 2008,

    (b)

    not registered as a social landlord under Part 1 of the Housing Act 1996, and

    (c)

    not registered as a social landlord under [F13Part 2 of the Housing (Scotland) Act 2010 (asp 17)].]]

Textual Amendments

F6S. 2B inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(2)

F7Words in s. 2B substituted (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(c), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

F9Words in s. 2B repealed (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(b), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

RegistrationE+W+S

F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F14S. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F15S. 4 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F16S. 5 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F17S. 6 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F18S. 7 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Disposal of landE+W+S

F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F19S. 8 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F219 [F20Control of disposals by unregistered housing associations]E+W

F22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(1A)Subject to section 10, the consent of [F24the relevant regulator] is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “[F24the relevant regulator]” means,—

[F25(a)if the land is in England, the Regulator of Social Housing, and

(b)if the land is in Wales, the Welsh Ministers.]]

(2)[F26Consent under this section] may be so given—

(a)generally to all housing associations or to a particular housing association or description of association;

(b)in relation to particular land or in relation to a particular description of land;

and may be given subject to conditions.

(3)A disposition by a housing association which requires [F27consent] under this section is valid in favour of a person claiming under the association notwithstanding that [F27that consent] has not been given; and a person dealing with the association, or with a person claiming under the association, shall not be concerned to see or inquire whether any such consent has been given.

This subsection has effect subject to section 12 (avoidance of certain dispositions of houses without consent).

F28(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section “disposition” means sale, lease, mortgage, charge or any other disposal.

[F29(6)Consent under this section must be in writing.]]

Textual Amendments

F21S. 9 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2, Sch. Pt. II (subject to transitional provisions and savings in art. 3)

F22S. 9(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F25S. 9(1A)(a)(b) substituted for s. 9(1A)(a)-(c) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 9(2)(b); S.I. 2010/862, art. 2 (with Sch.)

F26Words in s. 9(2) substituted (1.10.1996) by S.I. 1996/2325, art. 15(1), Sch. 2 para. 15(10)

F28S. 9(4) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

Modifications etc. (not altering text)

C1S. 9: transfer of functions (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

C3S. 9(1)(1A) excluded (E.W.) (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(b) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, art. 5.

[F3010 Dispositions excepted from s. 9.E+W

(1)A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of [F31sections 117 to 121 and 124 of the Charities Act 2011] it cannot be made without an order of the court or the [F32Charity Commission]; but [F33before making an order in such a case the [F32Charity Commission] shall consult,—

[F34(a)in the case of dispositions of land in England, the Regulator of Social Housing, and

(b)in the case of dispositions of land in Wales, the Welsh Ministers.]]

(2)A letting F35... by an unregistered housing association which is a housing trust, is not within section 9 if it is—

(a)a letting of land under a secure tenancy, or

(b)a letting of land under what would be a secure tenancy but for any of paragraphs 2 to 12 of [F36Schedule 1 to the Housing Act 1985] or [F37paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987] (tenancies excepted from being secure tenancies for reasons other than that they are long leases) [F38or

(c)a letting of land under an assured tenancy or an assured agricultural occupancy, or

(d)a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, F39...

F39(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(3)The grant by an unregistered housing association which does not satisfy the landlord condition in section 80 of the Housing Act 1985 (bodies which are capable of granting secure tenancies) of a lease for a term ending within the period of seven years and three months beginning on the date of the grant is not within section 9 unless—

(a)there is conferred on the lessee (by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or

(b)the lease is granted wholly or partly in consideration of a fine.

(4)In subsection (3) the expression “lease” includes an agreement for a lease and a licence to occupy, and the expressions “grant” and “term” shall be construed accordingly.]

Textual Amendments

F30S. 10 repealed (S.) (1.11.2001) by 2001 asp 10, ss. 112, 113, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F31Words in s. 10(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 45 (with s. 20(2), Sch. 8)

F32Words in s. 10(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 78; S.I. 2007/309, art. 2, Sch.

F34S. 10(1)(a)(b) substituted for s. 10(1)(a)-(c) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 10(2); S.I. 2010/862, art. 2 (with Sch.)

F35Words in s. 10(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F36Words beginning “Schedule 1” substituted (E.W.) (retrospectively1.4.1986) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 10(6)(9)

F37Words “1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987” substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 6(a) and “paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987”substituted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(2)

F39S. 10(2)(e) and preceding word repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 10(3), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

Modifications etc. (not altering text)

C5S. 10: transfer of functions (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

F4011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F40S. 11 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F4112Avoidance of certain disposals of houses without consent.E+W

A disposal of a house by a housing association made without the consent required by section 9 is void unless—

(a)the disposal is to an individual (or to two or more individuals), and

(b)the disposal does not extend to any other house.]

Textual Amendments

F41S. 12 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Control of payments to members, etc.E+W+S

F4213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F42S. 13 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F4314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F43S. 14 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F4415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F44S. 15 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F4515A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F45S. 15A repealed (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Constitution, change of rules, amalgamation and dissolutionE+W+S

F4616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F46S. 16 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F4717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F47S. 17 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F4818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F48S. 18 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F4919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F49S. 19 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F50S. 20 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3).

F5121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F51S. 21 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F52S. 22 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F53S. 23 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Accounts and auditE+W+S

F5424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F54S. 24 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F55S. 25 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F56S. 26 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F57S. 27 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F5827A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F58S. 27A repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Inquiries into affairs of housing associationsE+W+S

F5928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F59S. 28 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F6029. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F60S. 29 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F6130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F61S. 30 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F6231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F62S. 31 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)S

F6332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F63S. 32 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

MiscellaneousE+W+S

F6433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F64S. 33 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F6533A Provision of services between the Corporations.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

34 Provision of land by county councils.E+W

(1)Where a housing association wishes to erect houses [F66in England]which in the opinion of the Secretary of State are required and the local housing authority in whose district the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing it to the association, the county council, on the application of the association, may acquire land for that purpose.

(2)For that purpose the county council may exercise all the powers of a local housing authority under Part II of the M1Housing Act 1985 (provision of housing) in regard to the acquisition and disposal of land; and the provisions of that Act as to the acquisition of land by local housing authorities for the purposes of that Part apply accordingly.

Textual Amendments

Marginal Citations

35 Housing trusts: power to transfer housing to local housing authority.E+W

(1)A housing trust may—

(a)sell or lease to the local housing authority the houses provided by the trust, or

(b)make over to the authority the management of the houses.

(2)So far as subsection (1) confers power to dispose of land—

[F67(za)it does not apply to private registered providers of social housing (on whom power to dispose of land is conferred by section 171 of the Housing and Regeneration Act 2008);]

[F68(a)it does not apply to registered social landlords (on whom power to dispose of land is conferred by section 8 of the Housing Act 1996);.]

(b)it has effect subject to section 9 (dispositions requiring consent of [F69Corporation]) where the housing trust is an unregistered housing association and the land is grant-aided land (as defined in Schedule 1); and

(c)it has effect subject to [F70sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land)] where the housing trust is a charity.

36 Housing trusts: functions of Secretary of State with respect to legal proceedings.E+W+S

(1)If it appears to the Secretary of State—

(a)that the institution of legal proceedings is requisite or desirable with respect to any property belonging to a housing trust, or

(b)that the expediting of any such legal proceedings is requisite or desirable,

he may certify the case to the Attorney-General who may institute legal proceedings or intervene in legal proceedings already instituted in such manner as he thinks proper in the circumstances.

(2)Before preparing a scheme with reference to property belonging to a housing trust, the court or body which is responsible for making the scheme shall communicate with the Secretary of State and consider any recommendations made by him with reference to the proposed scheme.

F7136A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F71S. 36A repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and repealed (S.) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

SupplementaryE+W+S

F7237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F72S. 37 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3)) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F7338Definitions relating to charities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73S. 38 omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 41

[F7439 Minor definitions.E+W

In this Part—

  • [F75assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;

  • assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.]

  • [F76mental disorder” has the same meaning as in [F77the M2Mental Health Act 1983 or] the M3Mental Health (Scotland) Act 1984;]

  • secure tenancy” has the same meaning as in section 79 of the M4Housing Act 1985 or [F7844 of the Housing (Scotland) Act 1987];]

  • F79. . .

Textual Amendments

F74S. 39 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F76S. 39: definition of “mental disorder”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F77S. 39: words in definition of “mental disorder”repealed (S.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F78S. 39: by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(3) it is provided that in the definition of “secure tenancy” for the words “10 of the Tenants'; Rights, Etc. (Scotland) Act 1980” there shall be substituted (S.) the words “44 of the Housing (Scotland) Act 1987” and by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 8 it is provided that in s. 39, in the definition of “secure tenancy” for the words “section 10 of the Tenants'; Rights Etc. (Scotland) Act 1980” there shall be substituted the words “44 of the Housing (Scotland) Act 1987”

F79S. 39: definition repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Gp. 2.

Marginal Citations

[F8040 Index of defined expressions: Part I.E+W

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section or paragraph):—

[F81appropriate registrar (in relation to a society registered under the 1965 Act).section 37]
[F82assured agricultural occupancy][F82section 39]
[F82assured tenancy][F82section 39]
[F81banksection 106]
charge (in relation to Scotland)section 106
charitysection 38(a)
[F81committee (in relation to a society registered under the 1965 Act)section 37]
[F81compulsory disposal (in Schedule 2)paragraph 6 of that Schedule]
co-operative housing associationsection 1(2)
[F81co-opted member (in relation to the committee of a society registered under the 1965 Act)section 37]
[F81the Companies Actsection 106]
F83. . .F83. . .
[F81dissolved under the 1965 Act (in relation to a society registered under that Act)section 37]
district (of a local housing authority)section 104(2)
[F81dwellingsection 106]
[F81eligible for registration (in relation to a housing association)section 4]
[F81exempted disposal (in Schedule 2)paragraph 5 of that Schedule]
[F81friendly societysection 106]
fully mutual (in relation to a housing association)section 1(2)
[F81hostelsection 106]
housesection 106
[F81housing activitiessection 106]
housing associationsection 1(1)
. . . F84 . . . F84
housing trustsection 2
[F81insurance companysection 106]
local housing authoritysection 104
[F81member of familysection 105]
[F81mental disordersection 39]
mortgage (in relation to Scotland)section 106
[F81the 1965 Actsection 37]
[F81register, registered, registration and unregistered (in relation to a housing association)section [F85 3]]
[F81registered charitysection 38(b)]
[F86registered social landlordsection 2B]
[F81relevant disposal (in Schedule 2)paragraph 4 of that Schedule]
. . . F84 . . . F84
secure tenancysection 39
[F81shared ownership leasesection 106]
[F87shared ownership agreement (in relation to Scotland)][F87section 106]
[F81standard scalesection 39]
[F81trustee savings banksection 106]
[F88unregistered (in relation to a housing association)section 2B]]

Textual Amendments

F80S. 40 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F81S. 40: entries repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F83S. 40: definition of “the Corporation”repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))

F86S. 40: entry inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 21(a)

F88S. 40: entry inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 21(b)

Part IIE+W+S Housing Association Finance

Modifications etc. (not altering text)

C8Pt. II (ss. 41–73): power to apply certain functions conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(b)(4)

41—51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89E+W+S

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90E+W+S

Textual Amendments

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91E+W+S

Textual Amendments

Deficit grantsE+W+S

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92E+W+S

Textual Amendments

F9355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F93Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts,2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

56 F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F94Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts.2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

57 F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F95Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts.2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

Arrangements with local authoritiesE+W+S

[F9658Powers of local authorities to promote and assist housing associations: England and Wales.E+W+S

(1)A local authority may promote the formation or extension of a housing association.

(2)A local authority may for the assistance of a housing association subscribe for share or loan capital of the association.

(3)A local authority may make a loan to an unregistered self-build society for the purpose of enabling it to meet the whole or part of the expenditure incurred, or to be incurred by it, in carrying out its objects.

(4)This section does not apply where the housing association is[F97

(a)a private registered provider of social housing, or

(b)]a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).]

Textual Amendments

F96S. 58 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(22)

Modifications etc. (not altering text)

C9S. 58 excluded (1.10.1996) by 1985 c. 69, s. 58(4) (as substituted by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(22))

[F9859 Powers of local authorities to promote and assist housing associations: Scotland.S

(1)A local authority F99. . . may promote the formation or extension of or, subject to section 60 (assistance restricted to registered housing associations), assist a housing association whose objects include the erection, improvement or management of housing accommodation.

(2)A local authority F99. . . may, with the consent of and subject to any regulations or conditions made or imposed by the Secretary of State, for the assistance of such an association—

(a)make grants or loans to the association,

(b)subscribe for share or loan capital of the association, or

(c)guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the association (including money borrowed by the issue of loan capital) or of interest on share capital issued by the association,

on such terms and conditions as to rate of interest and repayment or otherwise and on such security as the local authority F99. . . think fit.

(3)A term of an agreement for such a grant or loan is void if it purports to relate to the rent payable in respect of a house to which the agreement relates or the contributions payable towards the cost of maintaining such a house.

(4)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F100(5)Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.]]

Textual Amendments

F98S. 59 repealed (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F10160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F101S. 60 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3)) and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F10261 Power of local housing authority to supply furniture to housing association tenants.E+W

(1)A local housing authority may sell, or supply under a hire-purchase agreement, furniture to the occupants of houses provided by a housing association under arrangements made with the authority, and may buy furniture for this purpose.

(2)In this section “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M5Consumer Credit Act 1974.

[F103(3)This section does not apply where the housing association is [F104

(a)a private registered provider of social housing, or

(b)]a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).]]

Textual Amendments

F102S. 61 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F103S. 61(3) inserted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(23)

Marginal Citations

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105E+W+S

Textual Amendments

63—66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106E+W+S

Textual Amendments

Loans by Public Works Loan CommissionersE+W+S

F10767. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F107S. 67 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

68 Loans by Public Works Loan Commissioners: Scotland.E+W+S

(1)The Public Works Loan Commissioners may lend money to a [F108registered housing association]

(a)for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses,

(b)for the purchase of houses, and

(c)for the purchase and development of land.

(2)A loan for any of those purposes shall be secured with interest by a heritable security over—

(a)the land in respect of which that purpose is to be carried out, and

(b)such other land, if any, as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of and interest on the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in the land proposed to be burdened.

(3)Loans may be made by instalments as the building of houses or other work on the land burdened under subsection (2) progresses (so, however, that the total loans do not at any time exceed the amount specified in that subsection); and the heritable security may be granted accordingly to secure such loans so to be made.

(4)If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loan Commissioners shall require, in addition to such a heritable security as is mentioned in that subsection, such further security as they may think fit.

(5)Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on the security of any land unless the estate or interest proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan.

(6)Where a loan under this section is made for the purposes of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on heritable security over a lease recorded under the M6Registration of Leases (Scotland) Act 1857 of which a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan.

Textual Amendments

Marginal Citations

MiscellaneousE+W+S

69 Power to vary or terminate certain agreements with housing associations.E+W+S

(1)This section applies to agreements of the following descriptions—

(a)an agreement for a loan to a housing association by the Housing Corporation under section 2 of the M7Housing Act 1964 [F109[F110(including such an agreement under which rights and obligations have been transferred to Housing for Wales [F111and then to the Secretary of State])];][F109under which rights and obligations have been transferred to the Regulator of Social Housing;]

(b)an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);

(c)an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);

(d)an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);

[F112(e)an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);]

(f)a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).

[F113[F114(g)an agreement for a loan or grant to a registered housing association under section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).]]

(2)[F115If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he] may, if he thinks fit, direct—

(a)that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or

(b)that the agreement shall be terminated.

[F116and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated.]

[F117[F118(2A)In the case of an agreement under which rights and obligations have been transferred to Housing for Wales [F119and then to the Secretary of State], the reference to a party to the agreement includes a reference to [F120the Secretary of State].]]

[F121(2B)In the case of an agreement under which rights and obligations have been transferred to the Regulator of Social Housing, the reference to a party to the agreement includes a reference to the Regulator of Social Housing.]

(3)No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—

(a)limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or

(b)specifying a limit which the rent of a dwelling is not to exceed.

This subsection does not extend to Scotland.

(4)No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house.

This subsection extends to Scotland only.

Textual Amendments

F111Words in s. 69(1)(a) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F112S. 69(1)(e) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 55(1), 227, Sch. 3 para. 4, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F113S. 69(1)(g) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 55(1), 227, Sch. 3 para. 4, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F115Words in s. 69(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(3)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F116Words in s. 69(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F119Words in s. 69(2A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(4)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F120Words in s. 69(2A) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(4)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C11S. 69: transfer of functions (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

Marginal Citations

[F122[F12369A Land subject to housing management agreement.E+W+S

A housing association is not entitled to a [F124grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988] in respect of land comprised in—

(a)a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities), or

(b)an agreement to which section [F12522 of the Housing (Scotland) Act 1987] applies (agreements for exercise by housing co-operatives of certain local authority housing functions).]]

Textual Amendments

F124Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. II para. 29 (which substitution has a saving in S.I. 1989/404, arts. 3(c)(ii), 4)

F125Words “22 of the Housing (Scotland) Act 1987” substituted (S.) for “5 of the Housing Rents and Subsidies (Scotland) Act 1975” by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(8)

70 Continuation of arrangements under repealed enactments.E+W+S

The provisions of Schedule 4 have effect in relation to certain arrangements affecting housing associations which continue in force despite the repeal of the enactments under or by reference to which they were made, as follows—

  • Part I —Arrangements with local authorities for the provision or improvement of housing.

  • Part II —Subsidy agreements with local authorities.

  • Part III —Special arrangements with the Secretary of State in Scotland.

71 Superseded contributions, subsidies and grants.E+W+S

The provisions of Schedule 5 have effect with respect to superseded subsidies, contributions and grants, as follows—

  • Part I —Residual subsidies: England and Wales.

  • Part II —Residual subsidies: Scotland.

  • Part III—Contributions and grants under arrangements with local authorities.

  • Part IV—Contributions under arrangements with the Secretary of State in Scotland.

  • Part V —Schemes for the unification of grant conditions.

  • Part VI—New building subsidy and improvement subsidy.

  • Part VII—Payments in respect of hostels under pre-1974 enactments.

Supplementary provisionsE+W+S

[F12672 Minor definitions.S

In this Part—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

  • registered charity” has the same meaning as in Part I.]

Textual Amendments

F126S. 72 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F127Definitions repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

73 Index of defined expressions: Part II.E+W+S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section);—

. . . F128 . . . F128
. . . F129 . . . F129
. . . F129 . . . F129
co-operative housing associationsection 1(2)
dwellingsection 106
[F130fully mutual (in relation to a housing association)][F130section 1(2)]
[F130heritable security][F130section 106]
hostelsection 106
. . . F131 . . . F131
housesection 106
[F130housing activities][F130section 106]
housing associationsection 1(1)
. . . F131 . . . F131
. . . F131 . . . F131
local authoritysection 106
local housing authoritysection 104
. . . F132 . . . F132
F133. . .. . .
[F130registered charity][F130section 72]
[F134registered housing associationsection 2B]
[F135registered social landlordsection 2B]
. . . F128 . . . F128
self-build societysection 1(3)
. . . F136 . . . F136
. . . F128 . . . F128
[F137unregistered (in relation to a housing association)section 2B]

Textual Amendments

F129Entries repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

F130S. 73: definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F132Entry repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

F133S. 73: definition repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with savings in art. 4(2)(3))

F134S. 73: definition inserted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(a)

F135S. 73: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(b)

F136By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 8(2) an entry relating to shared ownership agreement was inserted in s. 73 at the appropriate place and by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18 that entry was repealed

F137S. 73: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(c)

Part IIIE+W[F138 The Housing Corporation][F138Social Housing in Wales]

Textual Amendments

Modifications etc. (not altering text)

C12Pt. III (ss. 74-102) excluded (E.W.) (1.10.1996) by 1996 c. 52, s. 7, Sch. 1 para. 15(6); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F139Functions of the Welsh Ministers] and other general mattersE+W

Textual Amendments

74 The [F140Welsh Ministers]E+W

[F141(1)This Part has effect with respect to the Welsh Ministers.]

F142(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F144(4)The functions in this Part exercisable by the Welsh Ministers may only be exercised in relation to Wales.]

75 [F145General functions]E+W

(1)The [F146Welsh Ministers] [F147have] the following general functions—

[F148(a)to facilitate the proper performance of the functions of registered social landlords;

(b)to maintain a register of social landlords and to exercise supervision and control over such persons;

(c)to promote and assist the development of self-build societies (other than registered social landlords) and to facilitate the proper performance of the functions, and to publicise the aims and principles, of such societies;]

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

(e)to undertake, to such extent as the [F150Welsh Ministers consider] necessary, the provision (by construction, acquisition, conversion, improvement or otherwise) of dwellings for letting or for sale and of hostels, and the management of dwellings or hostels so provided.

F151(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F154Welsh Ministers] shall exercise [F155their] general functions subject to and in accordance with the provisions of this Act [F156and Part I of the Housing Act 1996].

(3)Subsection (1) is without prejudice to specific functions conferred on the [F157Welsh Ministers] by or under this Act [F158or Part I of the Housing Act 1996].

(4)The [F159Welsh Ministers] may do such things and enter into such transactions as are incidental to or conducive to the exercise of any of [F160their] functions, general or specific, under this Act [F158or Part I of the Housing Act 1996].

F161(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F162(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148S. 75(1)(a)-(c) substituted (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 5; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F149Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F156Words in s. 75(2) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(a)

F158Words in s. 75(3)(4) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(b)

F161S. 75(5) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)), S.I. 2001/566, art. 2

Modifications etc. (not altering text)

C14S. 75: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

F16376 Directions by the Secretary of State.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76A Realisation of value of Housing Corporation’s loans portfolio.E+W

F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77 Advisory service.E+W

(1)The [F165Welsh Ministers] may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to [F166registered social landlords or unregistered housing associations] and to persons who are forming a housing association or are interested in the possibility of doing so.

(2)The [F167Welsh Ministers] may make charges for the service.

[F168(3)The powers conferred on the Welsh Ministers by subsections (1) and (2) may be exercised by the Welsh Ministers acting jointly with the Regulator of Social Housing.]

F16978 Annual report.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F170Relevant Authority’s] powers with respect to grants and loansE+W+S

Textual Amendments

F170Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

79 Lending powers.E+W+S

[F171(1)The [F172Welsh Ministers] may lend to a registered social landlord or an unregistered self-build societyF173... for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects.

(2)The [F174Welsh Ministers] may lend to an individual for the purpose of enabling him to acquire from—

(a)the [F175Welsh Ministers], or

(b)[F176a registered social landlord or an unregistered self-build society,]

a legal estate or interest in a dwelling which he intends to occupy.]

(3)A loan under this section may be by way of temporary loan or otherwise, and the terms of a loan made under subsection (1) may include (though the terms of a loan made under subsection (2) may not) terms for preventing repayment of the loan or part of it before a specified date without the consent of the [F177Welsh Ministers].

[F178(4)Subject to that, the terms of a loan under this section shall be such as the Welsh Ministers determine either generally or in a particular case.]

Textual Amendments

F171S. 79(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 35(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C17S. 79: transfer of functions (E.W.) (1.12.2008 for specified purposes) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

80 Security for loans to unregistered self-build societies.E+W+S

(1)Where the [F179Welsh Ministers]

(a)[F180make] a loan to an unregistered self-build society under section 79(1); and

(b)under a mortgage F181... entered into by the society to secure the loan [F182have] an interest as mortgagee or creditor in land belonging to the society,

[F183they may] F184. . . give the society directions with respect to the disposal of the land.

(2)The society shall comply with directions so given so long as the [F185Welsh Ministers continue] to have such an interest in the land.

(3)Directions so given may be varied or revoked by subsequent directions F186... .

F187(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F188The Welsh Ministers shall not give directions under this section requiring a society to transfer its interest in land to them or any other person unless they are satisfied] that arrangements have been made which will secure that the members of the society receive fair treatment in connection with the transfer.

Textual Amendments

Modifications etc. (not altering text)

C19S. 80: transfer of functions (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

81 Further advances in case of disposal on shared ownership lease.E+W

Where—

(a)a lease of a dwelling, granted otherwise than in pursuance of the provisions of Part V of the M8Housing Act 1985 (the right to buy) relating to shared ownership leases, contains a provision to the like effect as that required by paragraph 1 of Schedule 8 to that Act (terms of shared ownership lease: right of tenant to acquire additional shares), and

(b)the [F189Welsh Ministers have], in exercise of any of [F190their] powers, left outstanding or advanced any amount on the security of the dwelling,

that power includes power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.

82 Loans made under s. 2 of the Housing Act 1964.E+W+S

Schedule 7 (further powers of [F191Relevant Authority] with respect to land of certain housing associations) applies where a loan has been made to a housing association under section 2 of the M9Housing Act 1964 and the loan has not been repaid.

Textual Amendments

F191Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

83 Power to guarantee loans.E+W+S

[F192(1)The Welsh Ministers may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies.

(2)A guarantee may be subject to terms and conditions.]

[F193(3A)The aggregate amount outstanding in respect of—

(a)loans for [F194which the Welsh Ministers (or National Assembly for Wales, Secretary of State or Housing for Wales) have] given a guarantee under this section, and

(b)payments made [F195by the Welsh Ministers (or National Assembly for Wales, Secretary of State or Housing for Wales) in] meeting an obligation arising by virtue of such a guarantee and not repaid [F196to the Welsh Ministers (or National Assembly for Wales, Secretary of State or Housing for Wales)],

shall not exceed £30 million or such greater sum not exceeding £50 million [F197as the Welsh Ministers may specify by order].]

[F198(4)An order under subsection (3A)—

(a)shall be made by statutory instrument, and

(b)shall not be made unless, a draft of the order has been laid before, and approved by a resolution of, the National Assembly for Wales.]

Textual Amendments

Modifications etc. (not altering text)

C24S. 83: transfer of functions (E.W.) (1.12.2008 for specified purposes) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

84 [F199Agreements to indemnify certain lenders]E+W+S

(1)The [F200Welsh Ministers] may F201. . . enter into an agreement with—

(a)a building society lending on the security of a house, or

(b)a recognised body making a relevant advance on the security of a house,

whereby, in the event of default by the mortgagor, and in circumstances and subject to conditions specified in the agreement, the [F200Welsh Ministers] [F202bind themselves] to indemnify the society or body in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the society or body in consequence of the mortgagor’s default.

(2)The agreement may also, if the mortgagor is made party to it, enable or require the [F200Welsh Ministers] in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the building society or recognised body being then discharged in respect of them.

(3)The transfer may be made to take effect—

(a)on terms provided for by the agreement (including terms involving substitution of a new mortgage agreement or modification of the existing one), and

(b)so that the [F200Welsh Ministers] [F203are] treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.

F204(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F205The Welsh Ministers shall, before entering into an agreement in a form about which they have not] previously consulted under this subsection, consult—

(a)in the case of a form of agreement with a building society, [F206the Financial Conduct Authority, the Prudential Regulation Authority] and such organisations representative of building societies and local authorities as [F207they think] expedient, and

(b)in the case of a form of agreement with a recognised body, such organisations representative of such bodies and local authorities as [F207they think] expedient.

F208(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F208S. 84(6) repealed (1.3.2000) by S.I. 2000/311, art. 16

Modifications etc. (not altering text)

C25Ss. 84(5)(b), 85(4l) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22, 23 as substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

Ss. 84(5)(b), 85(4) extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(l) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Ss. 84(5)(b), 85(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 9

85 Meaning of “recognised body” and “relevant advance”.E+W

(1)The expressions “recognised body” and “relevant advance” in section 84 (agreements to indemnify certain lenders) shall be construed in accordance with the following provisions.

(2)A “recognised body” means a body specified, or of a class or description specified, in an order made by statutory instrument by the [F209Welsh Ministers] F210. . ..

(3)Before making such an order varying or revoking an order previously made, the [F209Welsh Ministers] shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.

(4)A “relevant advance” means an advance made to a person whose interest in the dwelling is or was acquired by virtue of a conveyance of the freehold or an assignment of a long lease, or a grant of a long lease by—

  • a local authority,

  • a new town corporation,

  • [F211the Welsh Ministers so far as they are or were exercising functions in relation to property transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981,]

  • an urban development corporation,

  • F212. . .

  • F213..., or

  • a [F214registered social landlord].[F215 or an advance made to such a person by the [F209Welsh Ministers] if the conveyance, assignment or grant was made under section 90.]

(5)In subsection (4) “long lease” has the same meaning as in Part V of the M10Housing Act 1985 (the right to buy).

Textual Amendments

F210Words in s. 85(2) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(d), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F211Words in s. 85(4) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 34 (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

F212Words in s. 85(4) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F214Words in s. 85(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(30)

F215Words in s. 85(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 39(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C26Ss. 84(5)(b), 85(4) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22, 23 as substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

Ss. 84(5)(b), 85(4) extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(l) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Ss. 84(5)(b), 85(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 9

Marginal Citations

86 Agreements to indemnify building societies: Scotland.S

(1)[F216Scottish Homes] may, with the approval of the Secretary of State, enter into an agreement with a building society [F217or recognised body] under which [F216Scottish Homes] binds itself to indemnify the building society [F217or recognised body] in respect of—

(a)the whole or part of any outstanding indebtedness of a borrower; and

(b)loss or expense to the building society [F217or recognised body] resulting from the failure of the borrower duly to perform any obligation imposed on him by [F218a] heritable security.

(2)The agreement may also, where the borrower is made party to it, enable or require [F216Scottish Homes] in specified circumstances to take an assignation of the rights and liabilities of the building society [F219or recognised body] under the heritable security.

(3)Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.

(4)Before issuing any general approval under subsection (1) the Secretary of State shall consult with such bodies as appear to him to be representative of islands and district councils, and of building societies, and also with [F216Scottish Homes] and with [F220the Financial Conduct Authority and the Prudential Regulation Authority].

F221(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F222(6)In this section, “recognised body” means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury.

(7)Before making an order under subsection (6) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.]

[F22387 Financial assistance with respect to formation, management, etc. of certain housing associations.E+W

[F224(1)The [F225Welsh Ministers] may give financial assistance to any person to facilitate the proper performance of the functions of registered social landlords or co-operative housing associations.]

(2)Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the [F226Welsh Ministers consider appropriate, except that they] may not, in giving any form of financial assistance [F227under this section], purchase loan or share capital in a company.

(3)With respect to financial assistance under this section, the following—

(a)the procedure to be followed in relation to applications for assistance,

(b)the circumstances in which assistance is or is not to be given,

(c)the method for calculating, and any limitations on, the amount of assistance, and

(d)the manner in which, and the time or times at which, assistance is to be given,

shall be such as may be specified by the [F228Welsh Ministers] F229... .

(4)In giving assistance under this section, the [F230Welsh Ministers] may provide that the assistance is conditional upon compliance by the person to whom the assistance is given with such conditions as [F231they] may specify.

(5)Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the [F232registered] [F233relevant housing association] to which the grant has been given, of a reference to the person to whom assistance is given under this section.

F234(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F223S. 87 substituted by Local Government and Housing Act 1989 (c. 42 SIF 61), s.183

F224S. 87(1) substituted (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 7; S.I. 1996/2402 art. 3 (with transitional provisions and savings in Sch.)

F227Words in s. 87(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 40 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F229Words in s. 87(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(b), Sch. 11 para. 1(a), Sch. 16

F232Word in s. 87(5) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

Modifications etc. (not altering text)

C28S. 87: transfer of functions (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))

[F235Relevant Authority’s] powers with respect to land and worksE+W+S

Textual Amendments

F235Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

88 Acquisition of land.E+W

(1)The [F236Welsh Ministers] may acquire land by agreement for the purpose of—

(a)selling or leasing it to a [F237registered social landlord] or an unregistered self-build society, or

(b)providing dwellings (for letting or for sale) or hostels,

[F238and the Welsh Ministers may acquire land compulsorily for any such purpose.]

(2)Land may be so acquired by the [F239Welsh Ministers] notwithstanding that it is not immediately required for any such purpose.

[F240(3)The Acquisition of Land Act 1981 applies to the compulsory purchase of land under this section.]

F241(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89 Provision of dwellings or hostels and clearance, management and development of land.E+W

(1)The [F242Welsh Ministers] may provide or improve dwellings or hostels on land belonging [F243to them].

(2)The [F242Welsh Ministers] may clear land belonging [F243to them] and carry out other work on the land to prepare it as a building site or estate, including—

(a)the laying out and construction of streets or roads and open spaces, and

(b)the provision of sewerage facilities and supplies of gas, electricity and water.

(3)The [F242Welsh Ministers] may repair, maintain and insure buildings or works on land belonging [F243to them], may generally deal in the proper course of management with such land and buildings or works on it, and may charge for the tenancy or occupation of such land, buildings or works.

(4)The [F242Welsh Ministers] may carry out such operations on, and do such other things in relation to, land belonging [F243to them] as appear [F243to them] to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—

(a)by the [F242Welsh Ministers] [F244themselves], or

(b)by a [F245registered social landlord] or unregistered self-build society.

(5)In the exercise of [F246their] powers under subsection (4) the [F242Welsh Ministers] may carry out any development ancillary to or in connection with the provision of dwellings or hostels, including development which makes provision for buildings or land to be used for commercial, recreational or other non-domestic purposes.

90 Disposal of land.E+W

(1)The [F247Welsh Ministers] may dispose of land in respect of which [F248they have] not exercised [F249their powers] under section 89(1) (provision or improvement of dwellings or hostels) and on which [F248they have] not carried out any such development as is mentioned in section 89(5) [F250(ancillary development) to a registered social landlord or an unregistered self-build society F251....]

(2)The [F252Welsh Ministers] may dispose of land on which dwellings or hostels have been provided or improved in exercise of [F253their powers] under section 89 to—

  • a [F254registered social landlord],

  • a local authority,

  • a new town corporation[F255, or

  • Scottish Homes;

F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F257(3)The Welsh Ministers may sell or lease individual dwellings to persons for those persons to occupy.]

[F257(4)The Welsh Ministers may dispose of a building or land intended for use for commercial, recreational or other non-domestic purposes in respect of which development has been carried out by virtue of section 89.]

[F257(5)The Welsh Ministers may dispose of land which is not required for the purposes for which it was acquired.]

Textual Amendments

F250Words in s. 90(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F254Words in s. 90(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(33)

F255Words in s. 90(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F257S.90(3)-(5) substituted for s. 90(3)-(6) (E.W.) (1.4.2009) by The Housing Corporation (Dissolution) Order 2009 (S.I. 2009/484), art. 1(3), Sch. 1 para. 10(4) (with Sch. 1 para. 12)

F25891 Protection of persons deriving title under transactions requiring consent.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The [F259Relevant Authority’s] financesE+W+S

Textual Amendments

F259Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F25892 Borrowing powers.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25893 Limit on borrowing.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25894 Treasury guarantees of borrowing.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25895 Grants to the Housing Corporation.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25896 General financial provisions.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25897 Accounts and audit.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition of securities and control of subsidiariesE+W

F25898 Acquisition of securities and promotion of body corporate.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25899 Control of subsidiaries.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisionsE+W+S

F260F258100 Scottish Special Housing Association may act as agents for Relevant Authority in Scotland.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101 Minor definitions.E+W+S

In this Part—

  • [F261building society” means a building society within the meaning of the Building Societies Act 1986;]

  • financial year” means the period of 12 months ending with the 31st March;

  • highway”, in relation to Scotland, includes a public right of way;

  • subsidiary” has the meaning given by [F262section 1159 of the Companies Act 2006] .

Textual Amendments

F261Definition substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1), Sch. 18 Pt. I para. 19(4)

102 Index of defined expressions: Part III.E+W

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

building societysection 101
F263. . .F263. . .
[F264co-operative housing associationsection 1]
dwellingsection 106
financial yearsection 101
heritable securitysection 106
highway (in relation to Scotland)section 101
hostelsection 106
housing associationsection 1(1)
local authoritysection 106
local housing authoritysection 104
new town corporationsection 106
recognised bodysection 85(2)
[F265registered social landlordsection 2B]
relevant advancesection 85(4)
self-build societysection 1(3)
subsidiarysection 101
[F266unregistered (in relation to a housing association)section 2B]
urban development corporationsection 106

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F264S. 102: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 34(a)

F265S. 102: definition substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 34(b)

F266S. 102: definition substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 34(c)

102 Index of defined expressions: Part III.S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

building societysection 101
F263. . .F263. . .
dwellingsection 106
financial yearsection 101
heritable securitysection 106
highway (in relation to Scotland)section 101
hostelsection 106
housing associationsection 1(1)
local authoritysection 106
local housing authoritysection 104
new town corporationsection 106
recognised bodysection 85(2)
registered (in relation to a housing association)section 3(2)
relevant advancesection 85(4)
self-build societysection 1(3)
subsidiarysection 101
unregistered (in relation to a housing association)section 3(2)
urban development corporationsection 106

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Part IVE+W+S General Provisions

General provisionsE+W+S

103 Application to Isles of Scilly.E+W+S

(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

104 Local housing authorities.E+W+S

(1)In this Act “local housing authority”—

(a)in relation to England and Wales, has the meaning given by section 1 of the M11Housing Act 1985, and

(b)in relation to Scotland, means [F267a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2)References in this Act to the district of a local housing authority—

(a)in England and Wales shall be construed in accordance with section 2 of the Housing Act 1985, and

(b)in Scotland are to the [F268area of a council mentioned in subsection (1)(b) above].

Textual Amendments

Marginal Citations

105Members of a persons familyE+W+S

[F269(1)A person is a member of another's family if—

(a)he is the spouse [F270or civil partner] of that person, or he and that person live together as husband and wife, [F271or in a relationship which has the characteristics of the relationship between civil partners] or

(b)he is that person's parent, grandparent, child, grand- child, brother, sister, uncle, aunt, nephew or niece.

(2)For the purposes of subsection (1)(b)—

(a)a relationship by marriage [F272 or civil partnership] shall be treated as a relation- ship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.]

Textual Amendments

F269S. 105 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with savings in art. 4(2)(3))

106 Minor definitions — general.E+W+S

(1)In the application of this Act in England and Wales—

  • [F273bank” means—

    (a)

    [F274an institution authorised under the Banking Act 1987, or]

    (b)

    a company as to which the Secretary of State was satisfied immediately before the repeal of the M12Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;]

  • [F273the Companies Act” means the M13Companies Act 1985;]

  • dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

  • [F273friendly society” means a friendly society or branch of a friendly society registered under the M14Friendly Societies Act 1974 or earlier legislation;]

  • hostel” means a building in which is provided for persons generally or for a class or classes of persons—

    (a)

    residential accommodation otherwise than in separate and self-contained sets of premises, and

    (b)

    either board or facilities for the preparation of food adequate to the needs of those persons, or both;

  • house” includes—

    (a)

    any part of a building which is occupied or intended to be occupied as a separate dwelling;

    (b)

    any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

  • F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F273insurance company” means an insurance company to which Part II of the M15Insurance Companies Act 1982 applies;]

  • local authority” means a county, [F276county borough,] district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in [F277section 84(5)] includes F278... a joint authority established by Part IV of the M16Local Government Act 1985 [F279, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act] [F280 and the London Fire and Emergency Planning Authority] [F281and in section 85(4) includes such a joint authority[F282such an economic prosperity board, such a combined authority, ] [F280the London Fire and Planning Authority][F283, a police and crime commissioner and the Mayor's Office for Policing and Crime]];

  • new town corporation” means [F284the Commission for the New Towns or] a development corporation within the meaning of the M17New Towns Act 1981;

  • shared ownership lease” means a lease—

    (a)

    granted on payment of a premium calculated by reference to a percentage of the value of the house or dwelling or of the cost of providing it, or

    (b)

    under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house or dwelling;

  • [F273trustee savings bank” means a trustee savings bank registered under the M18Trustee Savings Bank Act 1981 or earlier legislation;]

  • urban development corporation” means an urban development corporation established under Part XVI of the M19Local Government, Planning and Land Act 1980.

(2)In the application of this Act in Scotland—

  • [F285bank” has the same meaning as in subsection (1);]

  • charge” includes a heritable security;

  • F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • dwelling” means a house;

  • [F285friendly society” has the same meaning as in subsection (1);]

  • [F287heritable security” means any security capable of being constituted over any [F288land, or real right in land, by disposition of the land, or assignation of the real right,] in security of any debt and of being recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland and which includes a security constituted by an ex facie absolute disposition or assignation or by a standard security;]

  • hostel” means—

    (a)

    in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board, and

    (b)

    in relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both;

  • house” includes—

    (a)

    any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, and

    (b)

    includes also any yard, garden, outhouses and pertinents belonging to the house or usually enjoyed with it;

  • [F289housing activities” has the same meaning as in subsection (1);]

  • [F285insurance company” has the same meaning as in subsection (1);]

  • local authority” means [F290a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  • mortgage” means a heritable security and “mortgagee” means a creditor in such a security;

  • new town corporation” means a development corporation within the meaning of the M20New Towns (Scotland) Act 1968;

  • F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F285trustee savings bank” has the same meaning as in subsection (1).]

F292(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F273S. 106(1): definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F275S. 106(1): definition of “housing activities”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)-(4))

F276S. 106(1): words in definition of “local authority”inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 6(2) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F277S. 106(1): words in definition of “local authority”substituted (1.10.1994 for specified purposes, 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 59(a); S.I. 1994/2025, art. 6(2)(e); S.I. 1994/3262, art. 4(1), Sch.

F280S. 106(1): words in definition of “local authority”inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 43 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F281S. 106(1): words in definition of “local authority”added (1.10.1994 for specified purposes, 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 59(b); S.I. 1994/2025, art. 6(2)(e); S.I. 1994/3262, art. 4(1), Sch.

F284Words in s. 106(1) omitted (E.W.) (1.12.2008) by virtue of The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 35, Sch. 3 (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

F285S. 106(1): definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F289S. 106(1): definition of “housing activities”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)-(4))

F290S. 106(2): words in definition of “local authority”substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(4); S.I. 1996/323, art. 4(1)(b)(c)

F291Definition in s. 106(2) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2, Sch. Pt. II (subject to transitional provisions and savings in art. 3)

F292S. 106(3) repealed (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2, Sch. Pt. II (subject to transitional provisions and savings in art. 3)

Modifications etc. (not altering text)

C29S. 106(1) amended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 20.

S. 106(1) amended (1.7.1994) by S.I. 1994/1696, reg. 68(1), Sch. 8 Pt. I para. 11

Marginal Citations

Final provisionsE+W+S

107 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Housing Associations Act 1985.

(2)This Act comes into force on 1st April 1986.

(3)The following provisions of this Act apply to England and Wales only—

  • section 2,

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293

  • section 8(2) and (3),

  • sections 11 and 12,

  • section [F29417(4)],

  • section 18,

  • section 20,

  • section 31,

  • sections 34 to 36,

  • section 38,

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

  • section 58,

  • section 67,

  • section 69(3),

  • section 81,

  • sections 84 and 85,

  • section 103,

  • [F296section 105,]

  • Schedules 2 and 3,

  • In Schedule 4, Part I,

  • In Schedule 5, Part I, paragraphs 1 and 2 of Part III and paragraph 1 of Part V.

(4)The following provisions of this Act apply to Scotland only—

  • [F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F298

  • section 15A]

  • section 59,

  • section 66,

  • section 68,

  • section 69(4),

  • section 86,

  • In Schedule 4, Part III,

  • In Schedule 5, Part II, paragraphs 3 and 4 of Part III, Part IV and Part VII.

(5)This Act does not extend to Northern Ireland.

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