Part IV General Provisions
General provisions
103 Application to Isles of Scilly.
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.
1
In this Act “local housing authority”—
a
in relation to England and Wales, has the meaning given by section 1 of the M1Housing Act 1985, and
b
in relation to Scotland, means F1a 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 F2area of a council mentioned in subsection (1)(b) above.
105Members of a persons family
F251
A
person
is
a
member
of
another's
family
if—
a
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
F27 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.
106 Minor definitions — general.
C11
In the application of this Act in England and Wales—
F3“bank” means—
“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;
F3“friendly society” means a friendly society or branch of a friendly society registered under the M4Friendly 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;
- a
“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;
- a
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3“insurance company” means an insurance company to which Part II of the M5Insurance Companies Act 1982 applies;
“local authority” means a county, F5county borough, district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in F6section 84(5) includes F7... a joint authority established by Part IV of the M6Local Government Act 1985 F22, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 F34, a combined authority established under section 103 of that Act and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023F32... F8and in section 85(4) includes such a joint authority F23such an economic prosperity board, such a combined authority,F35such a combined county authority,F33... F31, a police and crime commissioner and the Mayor's Office for Policing and Crime;
“new town corporation” means
F20the Commission for the New Towns ora development corporation within the meaning of the M7New 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;
- a
2
In the application of this Act in Scotland—
F9“bank” has the same meaning as in subsection (1);
“charge” includes a heritable security;
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“dwelling” means a house;
F9“friendly society” has the same meaning as in subsection (1);
F10“heritable security” means any security capable of being constituted over any F19land, 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;
- a
“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;
- a
F11“housing activities” has the same meaning as in subsection (1);
F9“insurance company” has the same meaning as in subsection (1);
“local authority” means F12a 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 M10New Towns (Scotland) Act 1968;
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9“trustee savings bank” has the same meaning as in subsection (1).
F303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Final provisions
107 Short title, commencement and extent.
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,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
section 8(2) and (3),
sections 11 and 12,
section F1417(4),
section 18,
section 20,
section 31,
sections 34 to 36,
section 38,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
section 58,
section 67,
section 69(3),
section 81,
sections 84 and 85,
section 103,
F16section 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—
5
This Act does not extend to Northern Ireland.