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Housing Act 1988, Section 53 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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.
[F2(2)The [F3[F4Homes and Communities Agency]] shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State]
(3)Before making a general determination, the [F5[F6appropriate 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 [F5[F6appropriate 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 [F7section] 52 above, other than a determination relating solely to a particular case.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F2S. 53(2) substituted (1.8.1996) by 1996 c. 52, ss. 28(4), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 2
F3Words in s. 53(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 65 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F4Words in s. 53(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(2); S.I. 2010/862, art. 2 (with Sch.)
F5Words in s. 53 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
F6Words in s. 53(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(3); S.I. 2010/862, art. 2 (with Sch.)
F7Words in s. 53(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(4); S.I. 2010/862, art. 2 (with Sch.)
Modifications etc. (not altering text)
C1S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183
C2Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)
C3S. 53 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)
C4S. 53 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)
(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 [F8registered 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 [F9registered 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 [F9landlords] concerned.
(4)In this section “general determination” means a determination under [F7section] 52 above, other than a determination relating solely to a particular case.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F7Words in s. 53(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(4); S.I. 2010/862, art. 2 (with Sch.)
F8Words in s. 53(1)(b) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)
F9Words in s. 53(3) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)
Modifications etc. (not altering text)
C5S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183
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