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Housing Act 1988
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Housing Act 1988, Section 62 is up to date with all changes known to be in force on or before 23 November 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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62 Housing action trusts.E+W
(1)Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—
(a)establish a housing action trust for the designated area; or
(b)specify as the housing action trust for the designated area a housing action trust already established for another designated area.
(2)Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(3)Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.
(4)Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—
(a)the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and
(b)the order may alter the name of the trust to take account of the addition of the new designated area.
(5)Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.
(6)It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.
(7)At the end of section 4 of the M1Housing Act 1985 (descriptions of authority) there shall be added—
“(f) “housing action trust” means a housing action trust established under Part III of the Housing Act 1988”; and at the end of section 14 of the M2Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—
“(h)a housing action trust established under Part III of the Housing Act 1988”.
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