C1Part III The Housing Corporation
F1Relevant Authority’s powers with respect to grants and loans
Words 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
84 Agreements to indemnify certain lenders: England and Wales.
1
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 F2Relevant Authoritybinds itself 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 F2Relevant Authority 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 F2Relevant Authorityis treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.
4
The F4Housing Corporation may not enter into an agreement without the approval of the Secretary of State who may approve particular agreements or give notice that particular forms of agreement have his approval, and in either case may make his approval subject to conditions.
5
The Secretary of State shall, before giving notice that a particular form of agreement has his approval F5and before himself entering into an agreement in a form about which he has not previously consulted under this subsection, consult—
a
in the case of a form of agreement with a building society, the F6Building Societies Commission and such organisations representative of building societies and local authorities as he thinks expedient, and
C2b
in the case of a form of agreement with a recognised body, such organisations representative of such bodies and local authorities as he thinks expedient.
6
Section 16(3) and (5) of the M1Restrictive Trade Practices Act 1976 (recommendations by services supply associations to members) does not apply to recommendations made to building societies or recognised bodies about the making of agreements under this section, provided that the recommendations are made with the approval of the Secretary of State, which may be withdrawn at any time on one month’s notice.
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.)