Housing Associations Act 1985 (c. 69)

Part IV E+W+S General Provisions

General provisions E+W+S

106 Minor definitions — general. E+W+S

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

• [F1 “bank” means—

  (a)

  [F2 an 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 M1 Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;]

• [F1 “the Companies Act” means the M2 Companies 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;

• [F1 “friendly society” means a friendly society or branch of a friendly society registered under the M3 Friendly 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;

• F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F1 “insurance company” means an insurance company to which Part II of the M4 Insurance Companies Act 1982 applies;]

• “local authority” means a county, [F4 county borough,] district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in [F5 section 84(5)] includes F6 ... a joint authority established by Part IV of the M5 Local Government Act 1985 [F7 , an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 [F8 and a combined authority established under section 103 of that Act]] F9 ... [F10 and in section 85(4) includes such a joint authority[F11 such an economic prosperity board, such a combined authority, ] F12 ... [F13 , a police and crime commissioner and the Mayor's Office for Policing and Crime]];

• “new town corporation” means [F14 the Commission for the New Towns or] a development corporation within the meaning of the M6 New 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;

• [F1 “trustee savings bank” means a trustee savings bank registered under the M7 Trustee Savings Bank Act 1981 or earlier legislation;]

• “urban development corporation” means an urban development corporation established under Part XVI of the M8 Local Government, Planning and Land Act 1980.

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

• [F15 “bank” has the same meaning as in subsection (1);]

• “charge” includes a heritable security;

• F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “dwelling” means a house;

• [F15 “friendly society” has the same meaning as in subsection (1);]

• [F17 “heritable security” means any security capable of being constituted over any [F18 land, 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;

• [F19 “housing activities” has the same meaning as in subsection (1);]

• [F15 “insurance company” has the same meaning as in subsection (1);]

• “local authority” means [F20 a 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 M9 New Towns (Scotland) Act 1968;

• F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15 “trustee savings bank” has the same meaning as in subsection (1).]

F22 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 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))

F2 Words substituted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 22

F3 S. 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))

F4 S. 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

F5 S. 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.

F6 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F7 Words in s. 106 inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 69(a); S.I. 2009/3318, art. 2(c)

F8 Words in s. 106(1) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 74(a); S.I. 2018/227, reg. 4(c)

F9 Words in s. 106(1) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 74(b); S.I. 2018/227, reg. 4(c)

F10 S. 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.

F11 Words in s. 106 inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 69(b); S.I. 2009/3318, art. 2(c)

F12 Words in s. 106(1) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 74(c); S.I. 2018/227, reg. 4(c)

F13 Words in s. 106(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 169; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 48)

F14 Words 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))

F15 S. 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))

F16 Words in s. 106(2) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 63(4) (with art. 10)

F17 Definition repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F18 Words in s. 106(2) substituted (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 47 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F19 S. 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))

F20 S. 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)

F21 Definition 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)

F22 S. 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)

C1 S. 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

M1 1963 c. 16.

M2 1985 c. 6.

M3 1974 c. 46.

M4 1982 c. 50.

M5 1985 c. 51.

M6 1981 c. 64.

M7 1981 c. 65.

M8 1980 c. 65.

M9 1968 c. 16.