C2Part III The Housing Corporation
F17Relevant Authority’s powers with respect to land and works
Words 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
E188 Acquisition of land.
1
The F1Relevant Authority may acquire land by agreement for the purpose of—
a
selling or leasing it to a F2registered social landlord or an unregistered self-build society, or
b
providing dwellings (for letting or for sale) or hostels,
and F3the Housing Corporation may be authorised by the Secretary of State to, and the Secretary of State may, acquire land compulsorily for any such purpose.
2
Land may be so acquired by the F1Relevant Authority notwithstanding that it is not immediately required for any such purpose.
3
In relation to a compulsory purchase of land by the F1Relevant Authority under this section—
a
in England and Wales, the M1Acquisition of Land Act 1981 applies;
4
For the purposes of the purchase of land in Scotland by agreement by the F1Relevant Authority—
a
the Lands Clauses Acts (except so much of them as relates to the acquisition of land otherwise than by agreement, the provisions relating to access to the special Act and section 120 to 125 of the M3Lands Clauses Consolidation (Scotland) Act 1845), and
b
are hereby incorporated with this section, and in construing those Acts for the purposes of this section this section shall be deemed to be the special Act and the F1Relevant Authority shall be deemed to be the promotors of the undertaking or company, as the case may require.
5
In Scotland the F1Relevant Authority may (without prejudice to their own power to acquire land compulsorily) request the Scottish Special Housing Association to acquire land compulsorily on its behalf (as provided in section F423 of the Housing (Scotland) Act 1987) for any purpose for which the F1Relevant Authority may purchase land compulsorily.
E289 Provision of dwellings or hostels and clearance, management and development of land.
1
The F5Relevant Authoritymay provide or improve dwellings or hostels on land belonging to it.
2
The F5Relevant Authority may clear land belonging to it 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 F5Relevant Authoritymay repair, maintain and insure buildings or works on land belonging to it, 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 F5Relevant Authoritymay carry out such operations on, and do such other things in relation to, land belonging to it as appear to it to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—
a
by the F5Relevant Authority itself, or
b
by a F6registered social landlord or unregistered self-build society.
5
In the exercise of its powers under subsection (4) the F5Relevant Authority 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.
C1E390 Disposal of land.
1
The F7Relevant Authority may dispose of land in respect of which it has not exercised its powers under section 89(1) (provision or improvement of dwellings or hostels) and on which it has not carried out any such development as is mentioned in section 89(5) F8(ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest.
2
The F7Relevant Authority may dispose of land on which dwellings or hostels have been provided or improved in exercise of its powers under section 89 to—
and the Housing Corporation may dispose of any such land to any of its subsidiaries.
3
The F7Relevant Authority may sell or lease individual dwellings to persons for their own occupation; but where the dwelling concerned was acquired F11by the Housing Corporationby compulsory purchase under section 88(1), it shall not be disposed of under this subsection without the written consent of the Secretary of State.
4
The F7Relevant Authoritymay 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; but no such building or land shall be disposed of F12by the Housing Corporationfor less than the best consideration it commands except with the written consent of the Secretary of State.
5
The F7Relevant Authority may dispose of land which is not required for the purposes for which it was acquired; but where the land—
a
b
is disposed of F14by the Housing Corporation(otherwise than for use as, or in connection with, a highway or street) for less than the best consideration it commands,
the F13Housing Corporation shall not dispose of the land except with the written consent of the Secretary of State.
6
The F15Housing Corporation may not dispose of land except in accordance with the provisions of this section.
91 Protection of persons deriving title under transactions requiring consent.
Where the F16Housing Corporationpurport to acquire or dispose of land—
a
in favour of a person claiming under the F16Housing Corporationthe transaction is not invalid by reason that any consent of the Secretary of State which is required has not been given, and
Pt. 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.)