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- Point in Time (01/12/2008)
- Original (As enacted)
Version Superseded: 01/04/2009
Point in time view as at 01/12/2008.
There are currently no known outstanding effects for the Housing Associations Act 1985, Cross Heading: Constitution and other general matters.
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(1)This Part has effect with respect to the Housing Corporation [F1and the Secretary of State
(1A)Each of them] is referred to in this part as “the [F2Relevant Authority]”.
(2)The provisions of Schedule 6 have effect with respect to the constitution and proceedings of, and other matters relating to, [F3the Housing Corporation].
[F4(3)The functions conferred by this Part in relation to registered social landlords are exercisable by the [F2Relevant Authority] in whose register they are registered.
As to which [F2Relevant Authority] that is, see section 56 of the Housing Act 1996.]
[F5(4)In this Part,—
(a)in relation to land in Wales held by an unregistered housing association, “the [F2Relevant Authority]” means [F6the Secretary of State]; and
(b)in relation to land outside Wales held by such an association, “the [F2Relevant Authority]” means the Housing Corporation.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in s. 74(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 29(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
F2Words 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
F3Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(2)
F4S. 74(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(25)
F5S. 74(4) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(3)
F6Words in s. 74(4)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 29(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
Modifications etc. (not altering text)
C1S. 74 modified (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), 3, Sch. para. 3 (with art. 6, Sch. para. 3(4)) (see S.I. 2008/3068, art. 2(1)(b))
(1)The [F7Relevant Authority] has the following general functions—
[F8(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(e)to undertake, to such extent as the [F7Relevant Authority] considers 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.
F10F11[(f)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(1A)The Housing Corporation also has the general function of providing, on request, to such extent as the Housing Corporation considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England F13... in relation to the functions of the Commission mentioned in subsection (1B).
(1B)The functions referred to in subsection (1A) are the functions of the Commission under Part 1 of the Local Government Act 1999 (best value)F14....]
(2)The [F7Relevant Authority] shall exercise its general functions subject to and in accordance with the provisions of this Act [F15and Part I of the Housing Act 1996].
(3)Subsection (1) is without prejudice to specific functions conferred on the [F7Relevant Authority]by or under this Act [F16or Part I of the Housing Act 1996].
(4)The [F7Relevant Authority] may do such things and enter into such transactions as are incidental to or conducive to the exercise of any of its functions, general or specific, under this Act [F16or Part I of the Housing Act 1996].
F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F7Words 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
F8S. 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.)
F9Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18
F10S. 75(1)(f) repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 5(2), Sch. 4; S.I. 2005/558, art. 2, Sch. 1
F11S. 75(1)(f) inserted (27.9.1999 for E. for certain purposes and 1.10.1999 for W. otherwise 27.7.2000) by 1999 c. 27, ss. 22(7), 27(2); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2
F12S. 75(1A)(1B) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 5(3); S.I. 2005/558, art. 2, Sch. 1
F13Words in s. 75(1A) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(d), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)
F14Words in s. 75(1B) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 23, Sch. 18 Pt. 8; S.I. 2008/917, art. 2(1)(e)(i)(v)
F15Words in s. 75(2) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(a)
F16Words in s. 75(3)(4) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(b)
F17S. 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)
C2S. 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))
C3S. 75(1A) modified (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), 3, Sch. para. 3 (with art. 6) (see S.I. 2008/3068, art. 2(1)(b))
(1)The Secretary of State may give directions to the [F18Housing Corporation] as to the exercise of its functions.
(2)A direction as to the terms of loans made under section 79 (lending powers of [F18Housing Corporation]) requires the consent of the Treasury.
(3)Directions may be of a general or particular character and may be varied or revoked by subsequent directions.
(4)Non-compliance with a direction does not invalidate a transaction between a person and the [F18Housing Corporation] unless the person had actual notice of the direction.
Textual Amendments
F18Words in s. 76(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 31 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
Modifications etc. (not altering text)
C4S. 76 modified (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), 3, Sch. para. 3 (with art. 6) (see S.I. 2008/3068, art. 2(1)(b))
(1)The [F21Housing Corporation] may, and if so directed by the Secretary of State (under section 76) shall, enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.
(2)The arrangements may provide for—
(a)the transfer of any estate or interest of the [F21Housing Corporation], or
(b)the creation or disposal of economic interests not involving a transfer of an estate or interest,
and may extend to such incidental or ancillary matters as the [F21Housing Corporation] or the Secretary of State considers appropriate.
(3)In this section the [F20Housing Corporation’s]“loans portfolio” means the [F20Housing Corporation’s] rights and obligations in relation to any loans or related securities.
(4)Nothing in the terms of any loan or related transaction entered into by the [F21Housing Corporation] shall be construed as impliedly prohibiting or restricting the [F21Housing Corporation] from dealing with its loans portfolio in accordance with arrangements under this section.]
Textual Amendments
F19S. 76A inserted (E.W.) (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 6; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)
F20Words in s. 76A heading substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 32(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
F21Words in s. 76A(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 32(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
(1)The [F22Relevant Authority] may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to [F23registered 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 [F22Relevant Authority] may make charges for the service.
[F24(3)The powers conferred on the [F22Relevant Authority] by subsections (1) and (2) may be exercised by the Housing Corporation and [F25the Secretary of State] acting jointly]
Extent Information
E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F22Words 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
F23Words in s. 77(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(27)
F24S. 77(3) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 33
F25Words in s. 77(3) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 33 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
Modifications etc. (not altering text)
C5S. 77 modified (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), 3, Sch. para. 3 (with art. 6) (see S.I. 2008/3068, art. 2(1)(b))
C6S. 77: 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))
(1)The [F26Housing Corporation] shall, as soon as possible after the end of each financial year, make a report to the Secretary of State on the exercise of its functions during the year.
(2)It shall include in the report a copy of its audited accounts and shall set out in the report any directions given to it by the Secretary of State during the year.
(3)The Secretary of State shall lay a copy of the report before each House of Parliament.
Textual Amendments
F26Words in s. 78(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 34 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
Modifications etc. (not altering text)
C7S. 78(1)(2) modified (1.11.1998) by 1998 c. 38, s. 142(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
C8S. 78(3) applied (1.11.1998) by 1998 c. 38, s. 142(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
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