Part II Housing Associations
GrantsF16...
F17C1E1C2C350 Housing association grants.
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F17E250 Housing association grants.
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F18C4E3C5C651 Revenue deficit grants.
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F18E451 Revenue deficit grants.
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C7C8E5C9C10C11C1752 Recovery etc. of grants.
1
Where a grant to which this section applies, that is to say—
a
a grant under section 50 or 51 above, or
b
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
c
a grant under section 2(2) of the M1Housing (Scotland) Act 1988,
has been made to a F20relevant housing association, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the F19appropriate authority may from time to time determine (in this section referred to as “relevant events”).
2
The F19appropriate authority. . . may—
a
reduce the amount of, or of any payment in respect of, the grant;
b
suspend or cancel any instalment of the grant; or
c
and a direction under paragraph (c) above F2may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.
3
Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the F19appropriate authority and, if so required by written notice of the F19appropriate authority, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
4
Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the F19appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M2Land Registration Act 1988 for the coming into force of that Act.
5
Where—
a
a grant to which this section applies has been made to an association, and
b
at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other F21relevant housing association, or trustees for some other such association,
this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.
6
The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
a
the F19appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
b
the F19appropriate authority may determine to be appropriate.
7
A direction under subsection (2)(c) above F3requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—
a
the rate or rates of interest (whether fixed or variable) which is or are applicable;
b
the date from which interest is payable, being not earlier than the date of the relevant event; and
c
any provision for suspended or reduced interest which is applicable.
8
In subsection (7)(c) above—
a
the reference to a provision for suspended interest is a reference to a provision whereby, if F4the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
b
the reference to a provision for reduced interest is a reference to a provision whereby, if F5the principle amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
9
The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
a
such as the F19appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
b
such as the F19appropriate authority may determine to be appropriate in the particular case.
F229A
In this section and sections 53 and 54—
“the appropriate authority”—
- a
in relation to an English relevant housing association F26and property outside Greater London, means the Homes and Communities Agency,
- aa
F27in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and
- b
in relation to a Welsh relevant housing association, means the Welsh Ministers,
- a
“ relevant housing association ” means—
- a
a housing association which is a registered provider of social housing (“an English relevant housing association”), and
- b
a housing association which is a registered social landlord (“a Welsh relevant housing association”).
- a
9B
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
a
Part 1 of the Housing Act 1996,
b
Part 1 of the 1985 Act, or
c
any corresponding earlier enactment.
E6C1752 Recovery etc. of grants.
1
Where a grant to which this section applies, that is to say—
a
a grant under section 50 or 51 above, or
b
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
c
a grant under section 2(2) of the M3Housing (Scotland) Act 1988,
has been made to a registered F6social landlord, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).
2
The Corporation, acting in accordance with such principles as it may from time to time determine, may—
a
reduce the amount of, or of any payment in respect of, the grant;
b
suspend or cancel any instalment of the grant; or
c
and a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.
3
Where, after a grant to which this section applies has been made to F8a registered social landlord, a relevant event occurs, the F8landlord shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
4
Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to F8a registered social landlord , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M4Land Registration Act 1988 for the coming into force of that Act.
5
Where—
a
a grant to which this section applies has been made to F9a registered social landlord, and
b
this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other F9landlord.
6
The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
a
the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
b
the Corporation may determine to be appropriate.
7
A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—
a
the rate or rates of interest (whether fixed or variable) which is or are applicable;
b
the date from which interest is payable, being not earlier than the date of the relevant event; and
c
any provision for suspended or reduced interest which is applicable.
8
In subsection (7)(c) above—
a
the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
b
the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
9
The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
a
such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
b
such as the Corporation may determine to be appropriate in the particular case.
F229A
In this section and sections 53 and 54—
“the appropriate authority”—
- a
in relation to an English relevant housing associationF26and property outside Greater London, means the Homes and Communities Agency,
- aa
F27in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and
- b
in relation to a Welsh relevant housing association, means the Welsh Ministers,
- a
“ relevant housing association ” means—
- a
a housing association which is a registered provider of social housing (“an English relevant housing association”), and
- b
a housing association which is a registered social landlord (“a Welsh relevant housing association”).
- a
9B
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
a
Part 1 of the Housing Act 1996,
b
Part 1 of the 1985 Act, or
c
any corresponding earlier enactment.
F1010
In this section and section 53, “registered social landlord” has the same meaning as in the F28Housing (Scotland) Act 2010 (asp 17).
E8C14C15C1653 Determinations under Part II. C13
1
A general determination may either—
a
make the same provision for all cases; or
b
make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;
and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
F132
3
Before making a general determination, the F15F24appropriate authority shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the F15F24appropriate authority shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.
4
In this section “general determination” means a determination under F25section 52 above, other than a determination relating solely to a particular case.
E753 Determinations under Part II. C12
1
A general determination may either—
a
make the same provision for all cases; or
b
make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of F11registered social landlords or housing activities;
and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
2
The Corporation shall not make a determination under the foregoing provisions of this Part except with the approval of the Secretary of State given, in the case of a general determination, with the consent of the Treasury.
3
Before making a general determination, the Corporation shall consult such bodies appearing to it to be representative of F12registered social landlords as it considers appropriate; and after making such a determination, the Corporation shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the F12landlords concerned.
4
In this section “general determination” means a determination under F25section 52 above, other than a determination relating solely to a particular case.
Words in s. 50 cross-heading repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 45, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)