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Housing Associations Act 1985
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Changes over time for: Section 88
Version Superseded: 01/11/1998
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1996- Amendment
- 01/10/1996
Point in time - 01/11/1998- Amendment
- 01/04/2009- Amendment
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There are currently no known outstanding effects for the Housing Associations Act 1985, Section 88.
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88 Acquisition of land.E+W
(1)The Corporation may acquire land by agreement for the purpose of—
(a)selling or leasing it to a [F1registered social landlord] or an unregistered self-build society, or
(b)providing dwellings (for letting or for sale) or hostels,
and may be authorised by the Secretary of State to acquire land compulsorily for any such purpose.
(2)Land may be so acquired by the Corporation notwithstanding that it is not immediately required for any such purpose.
(3)In relation to a compulsory purchase of land by the Corporation under this section—
(a)in England and Wales, the M1Acquisition of Land Act 1981 applies;
(b)in Scotland, the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies as if the Corporation were a local authority and as if this section were contained in an Act in force immediately before the commencement of that Act.
(4)For the purposes of the purchase of land in Scotland by agreement by the Corporation—
(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(b)sections 6 and 70 to 78 of the M4Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M5Mines (Working Facilities and Support) Act 1923),
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 Corporation shall be deemed to be the promotors of the undertaking or company, as the case may require.
(5)In Scotland the Corporation 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 [F223 of the Housing (Scotland) Act 1987]) for any purpose for which the Corporation may purchase land compulsorily.
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. 88(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(31)
F2Words “23 of the Housing (Scotland) Act 1987” substituted (S.) for “175(2) of the Housing (Scotland) Act 1966” by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(9)
Marginal Citations
88 Acquisition of land.S
(1)The Corporation may acquire land by agreement for the purpose of—
(a)selling or leasing it to a registered housing association or an unregistered self-build society, or
(b)providing dwellings (for letting or for sale) or hostels,
and may be authorised by the Secretary of State to acquire land compulsorily for any such purpose.
(2)Land may be so acquired by the Corporation notwithstanding that it is not immediately required for any such purpose.
(3)In relation to a compulsory purchase of land by the Corporation under this section—
(a)in England and Wales, the M6Acquisition of Land Act 1981 applies;
(b)in Scotland, the M7Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies as if the Corporation were a local authority and as if this section were contained in an Act in force immediately before the commencement of that Act.
(4)For the purposes of the purchase of land in Scotland by agreement by the Corporation—
(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 M8Lands Clauses Consolidation (Scotland) Act 1845), and
(b)sections 6 and 70 to 78 of the M9Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M10Mines (Working Facilities and Support) Act 1923),
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 Corporation shall be deemed to be the promotors of the undertaking or company, as the case may require.
(5)In Scotland the Corporation 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 [F323 of the Housing (Scotland) Act 1987]) for any purpose for which the Corporation may purchase land compulsorily.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F3Words “23 of the Housing (Scotland) Act 1987” substituted (S.) for “175(2) of the Housing (Scotland) Act 1966” by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(9)
Marginal Citations
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