- Latest available (Revised)
- Point in Time (03/05/2023)
- Original (As enacted)
Version Superseded: 20/12/2023
Point in time view as at 03/05/2023.
Housing and Regeneration Act 2008,
Part 1
is up to date with all changes known to be in force on or before 29 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Modifications etc. (not altering text)
C1Pt. 1 Chs. 1, 2 applied (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(5)(6), Sch. 2
C2Pt. 1 Chs. 1, 2 applied (with modifications) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(5), Sch. 4
C3Pt. 1 Ch. 1 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 1
C4Pt. 1 Chs. 1, 2 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 11(2), Sch. 3
C5Pt. 1 Ch. 1 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
C6Pt. 1 Chs. 1, 2 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 1
C7Pt. 1 Chs. 1, 2 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2
(1)There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).
(2)Schedule 1 (which makes further provision about the HCA) has effect.
Commencement Information
I1S. 1 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The objects of the HCA are—
(a)to improve the supply and quality of housing in England,
(b)to secure the regeneration or development of land or infrastructure in England,
(c)to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and
(d)to contribute to the achievement of sustainable development and good design in England,
with a view to meeting the needs of people living in England.
F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In subsection (1)—
[F2 “ England ” does not include Greater London;]
“ good design ” includes design which has due regard to the needs of elderly persons and disabled persons,
“ needs ” includes future needs,
and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(3)In this Part—
“ building ” means a building or other structure (including a house-boat or caravan),
“ caravan ” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),
“ housing ” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,
“ infrastructure ” includes—
water, electricity, gas, [F3electronic communications], sewerage or other services,
roads or other transport facilities,
retail or other business facilities,
health, educational, employment or training facilities,
social, religious or recreational facilities,
cremation or burial facilities, and
community facilities not falling within paragraphs (a) to (f),
“ land ” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30)),
and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.
(4)See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).
Textual Amendments
F1S. 2(1A) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 2 (with Pt. 4)
F2Words in s. 2(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(2), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)
F3Words in s. 2(3) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 51; S.I. 2017/1286, reg. 2(d)
Commencement Information
I2 S. 2 in force at 8.9.2008 by S.I. 2008/2358 , art. 2(1)
The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.
Commencement Information
I3S. 3 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)This Part contains various specific powers of the HCA.
(2)The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.
(3)Each power may be exercised separately or together with, or as part of, another power.
(4)Each power does not limit the scope of another power.
(5)Each power does not limit the scope of the powers conferred by section 3.
(6)But—
(a)subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections,
(aa)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(b)the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.
Textual Amendments
F4S. 4(6)(aa) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 3 (with Pt. 4)
Commencement Information
I4S. 4 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)
I5S. 4 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(a) (with arts. 6-13)
I6S. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
Modifications etc. (not altering text)
C8Pt. 1 Ch. 2 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 1
C9Pt. 1 Ch. 2 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
(1)The HCA may provide housing or other land.
(2)The HCA may facilitate the provision of housing or other land.
(3)In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
Modifications etc. (not altering text)
C10S. 5 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(a)(2)(3)
C11S. 5 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(a) (with art. 18(3)(b))
C12S. 5 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C13S. 5 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C14S. 5 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C15S. 5 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(a)(2)-(4)
C16S. 5 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(a)(2)-(4)
Commencement Information
I7S. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
(1)The HCA may regenerate or develop land.
(2)The HCA may bring about the more effective use of land.
(3)The HCA may facilitate—
(a)the regeneration or development of land, or
(b)the more effective use of land.
Modifications etc. (not altering text)
C17S. 6 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(b)(2)(3)
C18S. 6 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(b) (with art. 18(3)(b))
C19S. 6 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C20S. 6 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C21S. 6 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C22S. 6 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(b)(2)-(4)
C23S. 6 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(b)(2)-(4)
Commencement Information
I8S. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
(1)The HCA may provide infrastructure.
(2)The HCA may facilitate the provision of infrastructure.
(3)In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
Modifications etc. (not altering text)
C24S. 7 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(c)(2)(3)
C25S. 7 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(c) (with art. 18(3)(b))
C26S. 7 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C27S. 7 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C28S. 7 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C29S. 7 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(c)(2)-(4)
C30S. 7 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(c)(2)-(4)
Commencement Information
I9S. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)
The HCA may carry out, or facilitate the carrying out of, any of the following activities in relation to land—
(a)acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,
(b)acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and
(c)carrying out building and other operations (including converting or demolishing buildings).
Modifications etc. (not altering text)
C31S. 8 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(d)(2)(3)
C32S. 8 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(d) (with art. 18(3)(b))
C33S. 8 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C34S. 8 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C35S. 8 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C36S. 8 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(d)(2)-(4)
C37S. 8 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(d)(2)-(4)
Commencement Information
I10S. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(c) (with arts. 6-13)
(1)The HCA may acquire land by agreement.
(2)The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.
(3)The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.
(4)Subsection (5) applies where—
(a)land or new rights over land are being acquired compulsorily under subsection (2), and
(b)the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.
(5)The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).
(6)Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.
(7)In this Part—
“allotment” means a fuel or field garden allotment,
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),
“open space” means any land which is—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground.
Modifications etc. (not altering text)
C38S. 9 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(e)(2)(3), 15(1)(a)(iii) (with art. 7)
C39S. 9 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(e) (with art. 18(3)(b))
C40S. 9 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C41S. 9 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C42S. 9 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C43S. 9 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(e)(2)-(4)
C44S. 9 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(e)(2)-(5) (with art. 12)
Commencement Information
I11S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
(1)The HCA may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.
(2)Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
(a)the grant of a term of not more than 7 years, or
(b)the assignment of a term which, at the date of assignment, has not more than 7 years to run.
(3)The HCA may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.
(4)Subject as above, the HCA may dispose of land held by it in any way it considers appropriate.
Modifications etc. (not altering text)
C45S. 10 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(f)(2)(3)
C46S. 10 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(f) (with art. 18(3)(b))
C47S. 10 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C48S. 10 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C49S. 10 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C50S. 10 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(f)(2)-(4)
C51S. 10 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(f)(2)-(4)
Commencement Information
I12S. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(e) (with arts. 6-13)
Schedule 3 (which makes provision about powers in relation to [F5land acquired by the HCA]) has effect.
Textual Amendments
F5Words in s. 11 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(2), 57(5)(e) (with s. 32(11)(12))
Modifications etc. (not altering text)
C52S. 11 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(g)(2)(3)
C53S. 11 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(g) (with art. 18(3)(b))
C54S. 11 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C55S. 11 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C56S. 11 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C57S. 11 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(g)(2)-(4)
C58S. 11 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(g)(2)-(4)
Commencement Information
I13S. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)
Schedule 4 (which provides for powers in relation to, and for, statutory undertakers) has effect.
Modifications etc. (not altering text)
C59S. 12 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(h)(2)(3)
C60S. 12 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(h) (with art. 18(3)(b))
C61S. 12 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C62S. 12 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C63S. 12 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C64S. 12 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(h)(2)-(4)
C65S. 12 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(h)(2)-(4)
Commencement Information
I14S. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
(1)The Secretary of State may by order designate an area in England [F6outside Greater London] if the Secretary of State considers that—
(a)the area is suitable for development, and
(b)it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—
(i)for particular permitted purposes, and
(ii)in relation to particular kinds of development.
(2)In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.
(3)The Secretary of State must, before making a designation order—
(a)publish—
(i)a draft of the order, and
(ii)the Secretary of State's reasons for making the order, and
(b)consult the persons mentioned in subsection (4).
(4)The persons are—
(a)every local authority any part of whose area is intended to be included in the proposed designated area,
(b)any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,
(c)such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and
(d)persons who reside or carry on business in the proposed designated area.
(5)In this Part—
“designated area” means an area designated by a designation order,
“designation order” means an order under this section,
“local planning authority”, in relation to a designation order or proposed designation order, means—
so far as the order relates to permitted purposes under Part 2 [F7or 3] of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, and
in any other case, the local planning authority within the meaning of Part 1 of the Town and Country Planning Act 1990 (c. 8),
“permitted purposes” means any purposes of—
the Town and Country Planning Act 1990 (other than section 137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that Act),
the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and sections 82A to 82F and 88C, of that Act), and
Part 8 of the Planning Act 2008,]
and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.
(6)In this section “local authority” means a county council in England [F10or], a district council F11....
Textual Amendments
F6Words in s. 13(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(4), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)
F7Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(a); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2
F8Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(b); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2
F9Words in s. 13(5) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 65 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F10Word in s. 13(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(5)(a), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)
F11Words in s. 13(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(5)(b), 240(2), Sch. 25 Pt. 31; S.I. 2012/628, arts. 6(f)(j)(ii) (with arts. 9 11 14 15 17)
Commencement Information
I15S. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)
(1)A designation order may contain provisions of the following kind.
(2)The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—
(a)for specified permitted purposes, and
(b)in relation to specified kinds of development.
(3)The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—
(a)in relation to the whole or any part of the designated area, and
(b)subject to any specified modifications,
specified relevant functions conferred by or under specified planning-related provisions.
(4)An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.
(5)An order which makes provision of the kind mentioned in subsection (3)—
(a)may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,
(b)may make provision about the application to the HCA of enactments relating to the functions concerned.
(6)Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—
(a)is to apply to the HCA without modification,
(b)is to apply to it subject to specified modifications.
(7)In this section—
“
” means—Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),
sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), and
the Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),
“relevant functions” means functions of—
a district council, F12... or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,
a district planning authority (within the meaning of that Act), or
a hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),
“specified”, in relation to a designation order, means specified or described in the order.
Textual Amendments
F12Words in s. 14(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(6), 240(2), Sch. 25 Pt. 31; S.I. 2012/628, art. 6(f)(j)(ii) (with arts. 9 11 14 15 17)
Commencement Information
I16S. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)
(1)Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.
(2)The HCA must prepare and publish a statement of local involvement.
(3)The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.
(4)The persons are—
(a)every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and
(b)persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.
(5)The HCA must—
(a)keep the statement under review, and
(b)publish any revision of it.
(6)In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—
(a)the benefits that it might receive from their knowledge and experience, and
(b)the nature of the functions concerned.
(7)Subsection (8) applies where—
(a)the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,
(b)such a committee establishes a sub-committee for such a purpose, or
(c)a new or replacement member is to be appointed to such a committee or sub-committee.
(8)The HCA must—
(a)inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—
(i)the establishment of the committee or sub-committee concerned, or
(ii)(as the case may be) the proposed appointment, and
(b)invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.
(9)In this section “local authority” has the same meaning as in section 13.
Commencement Information
I17S. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13S. 16 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(5), 148(5), Sch. 7 Pt. 4; S.I. 2009/3318, art. 4(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Ss. 17, 18 omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 27; S.I. 2016/733, reg. 3(h) (with reg. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Ss. 17, 18 omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 27; S.I. 2016/733, reg. 3(h) (with reg. 6)
(1)The HCA may, with the consent of the Secretary of State, give financial assistance to any person.
[F15(1A)But the HCA must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.]
(2)Financial assistance under this section may be given in any form.
(3)Financial assistance under this section may, in particular, be given by way of—
(a)grants,
(b)loans,
(c)guarantee or indemnity,
(d)investment, or
(e)incurring expenditure for the benefit of the person assisted.
(4)Financial assistance under this section may be given on such terms and conditions as the HCA considers appropriate (including provision for repayment, with or without interest).
(5)The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which—
(a)are transferred to the HCA from the Housing Corporation by virtue of this Act, or
(b)would supersede functions of the Housing Corporation,
in ways corresponding to those in which the Housing Corporation could have exercised its functions.
(6)See also sections 31 to 35 (further provision about certain types of financial assistance: social housing).
Textual Amendments
F15S. 19(1A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 4 (with Pt. 4)
Commencement Information
I18S. 19(1)-(4) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(j) (with arts. 6-13)
I19S. 19(1)-(4) (6) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
I20S. 19(5) in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(j) (with arts. 6-13)
I21S. 19(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The HCA may, for the purpose of what it considers to be the short-term management of its finances, borrow from any person by way of overdraft or otherwise.
(2)Subject to this, the HCA may only borrow from the Secretary of State or the European Investment Bank.
(3)The HCA may not borrow in currencies other than sterling.
Commencement Information
I22S. 20 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)
(1)The Secretary of State may lend to the HCA any sums it has power to borrow from the Secretary of State under section 20.
(2)Loans under subsection (1) may be made on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment with or without interest).
Commencement Information
I23S. 21 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)
(1)The Secretary of State may guarantee—
(a)the repayment of the principal of any sums which the HCA borrows from a person other than the Secretary of State, and
(b)the payment of interest on such sums.
(2)Such a guarantee is to be in such manner, and on such terms and conditions, as the Secretary of State considers appropriate.
(3)The Secretary of State must lay a statement of any such guarantee before Parliament immediately after giving the guarantee.
(4)The Secretary of State must lay before Parliament a statement relating to any sum issued for fulfilling such a guarantee.
(5)A statement under subsection (4) must be laid as soon as possible after the end of each financial year—
(a)beginning with that in which the sum is issued, and
(b)ending with that in which all liability in respect of the principal of the sum guaranteed, and of interest on it, is finally discharged.
(6)In respect of any sums issued in fulfilment of a guarantee given under this section, the HCA must make payments to the Secretary of State—
(a)of such amounts as the Secretary of State may direct in or towards repayment of those sums, and
(b)of interest on what is outstanding in respect of those sums, at such rates as the Secretary of State may direct.
(7)Payments under subsection (6) must be made at such times, and in such manner, as the Secretary of State may direct.
Commencement Information
I24S. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)
(1)The current borrowings of the HCA must not exceed £2,300 million.
(2)The Secretary of State may by order amend subsection (1) so as to specify a greater amount than that for the time being specified there.
(3)But an order under subsection (2) may not specify an amount of more than £3,000 million.
(4)In this section “current borrowings of the HCA” means—
(a)the aggregate amount at any time of—
(i)sums borrowed by the HCA under section 20, and
(ii)sums borrowed by subsidiaries of the HCA (other than from the HCA), less
(b)repayments made, or treated as made, in respect of those sums.
(5)In this Part “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (c. 46).
Commencement Information
I25S. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)
(1)The HCA may impose charges for, or in connection with, anything done by it by virtue of section 38, 39 or 45.
(2)Any such charges must be of such amounts as the HCA considers to be reasonable.
Commencement Information
I26S. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(l) (with arts. 6-13)
(1)Subsection (2) applies if the Secretary of State considers that the HCA or any subsidiary of the HCA has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements.
(2)The Secretary of State may give a direction to the HCA to pay to the Secretary of State such sum not exceeding the amount of the surplus as may be specified in the direction.
(3)The Secretary of State must consult the HCA before coming to a decision of the kind mentioned in subsection (1) or giving a direction as mentioned in subsection (2).
(4)The Secretary of State may decide to treat the whole or part of any payment under subsection (2) as made—
(a)by way of repayment of such part of the principal of loans under section 21(1), and
(b)in respect of the repayments due at such times,
as the Secretary of State may decide.
Commencement Information
I27S. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(m) (with arts. 6-13)
(1)The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such financial assistance functions as the Secretary of State may specify.
(2)In subsection (1) “financial assistance functions” means, so far as exercisable in relation to England [F16outside Greater London], functions under sections 126 to 128 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development).
(3)An appointment under this section is to be on such terms as the Secretary of State may specify.
(4)The HCA must, if appointed, act as agent in accordance with the terms of its appointment.
Textual Amendments
F16Words in s. 26(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(7), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)
Commencement Information
I28S. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(n) (with arts. 6-13)
(1)The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such derelict land functions as the Secretary of State may specify.
(2)In subsection (1) “derelict land functions” means functions under—
(a)section 1 of the Derelict Land Act 1982 (c. 42) (grants for reclaiming or improving land or bringing land into use), or
(b)any enactment superseded by that section,
but excluding the powers to make orders under section 1(5) and (7) of that Act.
(3)An appointment under this section is to be on such terms as the Secretary of State may specify.
(4)The HCA must, if appointed, act as agent in accordance with the terms of its appointment.
Commencement Information
I29S. 27 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(n) (with arts. 6-13)
(1)The HCA may carry on any business.
(2)In subsection (1) “business” includes undertaking.
Commencement Information
I30S. 28 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)
The HCA may, with the consent of the Secretary of State, form, or acquire interests in, bodies corporate.
Commencement Information
I31S. 29 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)
The HCA may provide such services for communities as it considers appropriate or facilitate the provision of such services.
Commencement Information
I32S. 30 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)
(1)Subsection (2) applies if the HCA acquires, constructs or converts any housing or other land for use as low cost rental accommodation.
(2)The HCA must ensure that a [F17registered provider of social housing] is the landlord of the accommodation when it is made available for rent.
(3)Subsection (4) applies if the HCA disposes of any housing or other land to a person on condition that the person provides low cost rental accommodation (whether in the same or different housing or other land).
(4)The HCA must impose a further condition that a [F18registered provider of social housing] is the landlord of the accommodation when it is made available for rent.
(5)Subsection (6) applies if the HCA provides infrastructure to a person on condition that the person provides low cost rental accommodation.
(6)The HCA must impose a further condition ensuring that a [F19registered provider of social housing] is the landlord of the accommodation when it is made available for rent.
(7)Subsection (8) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost rental accommodation.
(8)The HCA must impose a further condition ensuring that a [F20registered provider of social housing] is the landlord of the accommodation when it is made available for rent.
[F21(8A)Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.]
[F21(8B)The HCA must consult the Regulator of Social Housing about the proposals.]
F22(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)For the purposes of this section, a person provides low cost rental accommodation F23... if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost rental accommodation F24... or ensures such acquisition, construction or conversion by another.
[F25(11A)For the purposes of this section, a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.]
(12)In this section—
[F26“low cost home ownership accommodation” has the meaning given by section 70, and]
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“low cost rental accommodation” has the meaning given by section 69,
Textual Amendments
F17Words in s. 31(2) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(2)(a)
F18Words in s. 31(4) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(2)(a)
F19Words in s. 31(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(2)(a)
F20Words in s. 31(8) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(2)(a)
F21S. 31(8A)(8B) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 5(a) (with Pt. 4)
F22S. 31(9)(10) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 4(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F23Words in s. 31(11) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 4(3)(a), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F24Words in s. 31(11) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 4(3)(b), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F25S. 31(11A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 5(b) (with Pt. 4)
F26Words in s. 31(12) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 5(c) (with Pt. 4)
F27Words in s. 31(12) omitted (1.4.2010) by virtue of The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(2)(b)
F28Words in s. 31(12) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 4(4), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
Modifications etc. (not altering text)
C66Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))
Commencement Information
I33S. 31 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The HCA may, in such events as it may determine, exercise the powers conferred by subsections (2) to (4) in relation to a person who has received social housing assistance.
(2)The HCA may reduce any grant payable by it or restrict any other social housing assistance due from it.
(3)The HCA may suspend or cancel any instalment of any grant payable by it or any aspect of any other social housing assistance due from it.
(4)The HCA may direct the recipient of any social housing assistance given by way of grant to—
(a)apply or appropriate for such purposes of the recipient as the HCA may specify, or
(b)pay to the HCA,
such amount as the HCA may specify.
(5)The HCA may not specify an amount which exceeds the recoverable amount.
(6)The recoverable amount is—
(a)the total amount of grant received by the person to whom the direction is given, less
(b)the total of any amounts applied, appropriated or paid in accordance with any previous directions given in respect of that grant under subsection (4),
and for the purposes of paragraph (b) any amounts provided for by virtue of section 33(1) are to be ignored.
(7)Subsection (5) is without prejudice to the power of the HCA under section 33(1).
(8)In exercising its powers under subsections (2) to (4) the HCA must act in accordance with such principles as it has determined.
(9)A person who has received social housing assistance must notify the HCA if an event of a kind determined by the HCA under subsection (1) occurs after the assistance has been given.
(10)Such a person must, if required by notice of the HCA, supply the HCA with such particulars of, and information relating to, the event as are specified in the notice.
[F29(10A)The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4).]
F30(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)Events determined by the HCA under subsection (1), and principles determined by the HCA under subsection (8), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.
(13)In this Part—
“social housing” has the same meaning as in Part 2,
“social housing assistance” means financial assistance given under section 19 on condition that the recipient provides social housing (whether by itself or as part of a wider project);
and, for the purposes of this Part, a person provides social housing if (and only if) the person acquires, constructs, converts, improves or repairs any housing or other land for use as social housing or ensures such acquisition, construction, conversion, improvement or repair by another.
Textual Amendments
F29S. 32(10A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 6 (with Pt. 4)
F30S. 32(11) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 5, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
Modifications etc. (not altering text)
C66Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))
Commencement Information
I34S. 32 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(a)
I35S. 32 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
(1)A direction by the HCA under section 32(4) may require the application, appropriation or payment, in addition to the specified amount, of one or more of the following—
(a)interest on the specified amount,
(b)an amount calculated by reference to any increase in the market value of any housing or other land acquired, constructed, converted, improved or repaired as a result of the grant, and
(c)interest on the amount falling within paragraph (b).
(2)Any direction falling within subsection (1)(a) or (c) must specify—
(a)the applicable rate or rates of interest (whether fixed or variable),
(b)the date from which interest is payable, and
(c)any provision for suspended or reduced interest which is applicable.
(3)The date specified under subsection (2)(b) must not be earlier than the date of the event giving rise to the power to give a direction.
(4)In subsection (2)(c)—
(a)provision for suspended interest means provision to the effect that if the principal 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)provision for reduced interest means provision to the effect that if the principal 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.
(5)Any direction falling within subsection (1)(b) must specify—
(a)the housing or other land concerned, and
(b)the method of calculating the amount concerned.
(6)Subsection (7) applies if—
(a)social housing assistance has been given to a person, and
(b)at any time the social housing provided as a result of the assistance becomes vested in, or is leased for a term of years to, or reverts to, another person [F31(“the successor”)].
[F32(6A)But subsection (7) does not apply if—
(a)the successor is a person other than a registered provider of social housing, and
(b)at any time since the social housing assistance was given—
(i)a person has enforced a security over the social housing, or
(ii)the social housing has been disposed of by a body while it is being wound up or is in administration (which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016).]
(7)Section 32 and this section (including this subsection) have effect in relation to periods after that time as if the assistance, or such element of it as may be determined by the HCA to be appropriate, had been given to [F33the successor].
(8)The matters specified in a direction under subsection (2)(a) to (c) or (5), and the element mentioned in subsection (7), are to be—
(a)such as the HCA, acting in accordance with such principles as it may determine, may specify as being appropriate, or
(b)such as the HCA may determine to be appropriate in the particular case.
(9)Principles determined by the HCA under subsection (8)(a), and determinations by the HCA under subsection (8)(b), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.
Textual Amendments
F31Words in s. 33(6)(b) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(2), 216(3); S.I. 2017/75, reg. 3(b)
F32S. 33(6A) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(3), 216(3); S.I. 2017/75, reg. 3(b)
F33Words in s. 33(7) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(4), 216(3); S.I. 2017/75, reg. 3(b)
Modifications etc. (not altering text)
C66Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))
Commencement Information
I36S. 33 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(b)
I37S. 33 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
(1)The HCA must not make a general determination under section 32 or 33 without the consent of the Secretary of State.
F34(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F35(2A)Before making such a determination, the HCA must consult—
(a)the Regulator of Social Housing, and
(b)such other persons as it considers appropriate.]
(3)Subsection (4) applies if a general determination under section 32 or 33 about relevant events relates to social housing assistance given to a registered provider of social housing.
(4)The HCA must, in particular, consult such bodies appearing to it to represent the interests of registered providers of social housing as it considers appropriate.
(5)The HCA must publish a general determination made under section 32 or 33 in such manner as it considers appropriate for bringing the determination to the attention of those affected by it.
(6)A general determination of the HCA under section 32 or 33 may make different provision for different cases or descriptions of case (including different provision for different areas).
(7)For the purposes of subsection (6) descriptions may be framed by reference to any matters whatever.
(8)A determination of the HCA under section 32 or 33 may be varied or revoked by it (subject to any provision as to the time by which such a determination must be made).
(9)In this section—
“general determination” means a determination which does not relate solely to a particular case,
“relevant event” means an event of a kind determined by the HCA under section 32(1).
Textual Amendments
F34S. 34(2) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 7(a) (with Pt. 4)
F35S. 34(2A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 7(b) (with Pt. 4)
Modifications etc. (not altering text)
C66Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))
Commencement Information
I38S. 34 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(c) (with art. 2(2)(3))
[F36(1)The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180.]
F37(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The amount of the grant given by virtue of subsection [F38(1)] to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.
(4)The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.
(5)The HCA must specify—
(a)the procedure to be followed in relation to applications for a grant by virtue of this section,
F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the manner in which, and time or times at which, a grant by virtue of this section is to be paid,
(d)any other terms or conditions on which such a grant is given.
(6)In this section—
“dwelling” has the same meaning as in Part 2,
“[F40private registered provider] of social housing” includes a person falling within section 180(3),
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,
“relevant provider of social housing” means—
a [F41private registered provider] of social housing, or
a registered social landlord,
“tenant” has the same meaning as in Part 2.
Textual Amendments
F36S. 35(1) substituted (26.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 67(2), 216(3); S.I. 2016/609, reg. 2
F37S. 35(2) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(3), 216(3); S.I. 2016/609, reg. 2
F38Word in s. 35(3) substituted (26.5.2016) by Housing and Planning Act 2016 (c. 22), s. 67(4); S.I. 2016/609, reg. 2
F39S. 35(5)(b) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(5), 216(3); S.I. 2016/609, reg. 2
F40Words in s. 35(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(3)(a)
F41Words in s. 35(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(3)(b)
Modifications etc. (not altering text)
C66Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))
Commencement Information
I39S. 35 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The Secretary of State may by order provide for the HCA to supply such information about—
(a)which accommodation provided directly or indirectly by it is to be social housing,
(b)the type of social housing to be so provided, and
(c)the consequences of it being social housing,
as may be specified or described in the order.
(2)An order under this section may, in particular, provide for—
(a)the person or persons to whom the information is to be provided,
(b)the time at which, or period or frequency within which, the information is to be provided,
(c)the form and manner in which the information is to be provided.
Modifications etc. (not altering text)
C66Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))
Commencement Information
I40S. 36 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(d)
(1)The HCA must co-operate with the Regulator of Social Housing.
(2)In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.
(3)The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.
(4)The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—
(a)the provision of accommodation or other facilities;
(b)technical resources; and
(c)the provision of staff.]
Textual Amendments
F42S. 36A inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 8 (with Pt. 4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43S. 37 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 7, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
(1)The HCA may—
(a)publish ideas or information, or
(b)disseminate or promote ideas or information in other ways.
(2)The HCA may undertake research or experimentation.
(3)The HCA may provide other information services.
(4)The HCA may facilitate—
(a)the publication or other dissemination or promotion of ideas or information,
(b)research or experimentation, or
(c)the provision of other information services.
Commencement Information
I41S. 38 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)
(1)The HCA may provide—
(a)advice, education or training, or
(b)other advisory, education or training services.
(2)The HCA may facilitate the provision of—
(a)advice, education or training, or
(b)other advisory, education or training services.
Commencement Information
I42S. 39 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)
(1)The HCA may give guidance to such persons as it considers appropriate about any matters relating to its objects.
(2)Before giving guidance under this section, the HCA must consult such persons as it considers appropriate.
(3)As soon as reasonably practicable after giving guidance under this section, the HCA must take such steps as the HCA considers appropriate to bring it to the attention of those affected by it.
(4)The HCA may revoke guidance given under this section.
(5)The HCA—
(a)must, before revoking guidance under this section, consult such persons as it considers appropriate, and
(b)must, as soon as reasonably practicable after the revocation, take such steps as it considers appropriate to bring the revocation to the attention of those affected by it.
(6)References in this section to giving guidance include references to giving guidance by varying existing guidance.
Commencement Information
I43S. 40 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)
(1)The HCA must ensure that no subsidiary of the HCA engages, without the consent of the Secretary of State, in an activity which the HCA would not be required or permitted to carry on.
(2)The HCA must ensure that no subsidiary of the HCA—
(a)borrows from a person other than the HCA, or
(b)raises money by the issue of shares or stock to a person other than the HCA,
without the consent of the Secretary of State.
Commencement Information
I44S. 41 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(q) (with arts. 6-13)
(1)The HCA may, with the consent of the Secretary of State, appoint an urban development corporation to act as its agent.
(2)The appointment—
(a)may be in connection with any of the functions of the HCA other than its functions in connection with Chapter 3 F44..., and
(b)is to be on such terms as may be agreed.
F45(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The appointment must specify the functions in connection with which it is made.
(4)An urban development corporation must act as agent in accordance with the terms of its appointment.
(5)An urban development corporation may arrange for any of its property or staff to be made available to the HCA if—
(a)the purpose is to assist the HCA to exercise any of its functions, and
(b)the HCA asks the urban development corporation to make the property or staff available.
(6)The property or staff are to be made available for such period, and on such other terms, as the urban development corporation considers appropriate.
(7)In this Part “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 (c. 65).
Textual Amendments
F44Words in s. 42(2)(a) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 9(a) (with Pt. 4)
F45S. 42(2A) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 9(b) (with Pt. 4)
Commencement Information
I45S. 42 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(r) (with arts. 6-13)
(1)The HCA may act with other persons (whether in partnership or otherwise).
(2)The HCA may act as agent for other persons.
Commencement Information
I46S. 43 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(s) (with arts. 6-13)
(1)The HCA must from time to time consult such representatives of local government as the HCA considers appropriate about how the HCA pursues its objects.
(2)The HCA must from time to time publish a statement about how it proposes to comply with subsection (1).
(3)Before publishing a statement the HCA must consult such persons as it considers appropriate.
Commencement Information
I47S. 44 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The HCA may provide services in support of a project.
(2)The HCA may, in particular—
(a)second staff to the project,
(b)provide consultants or other manpower resources to the project on a temporary basis, or
(c)lend or otherwise provide technical, property or other resources to the project.
(3)The HCA may facilitate the provision of services in support of a project.
Commencement Information
I48S. 45 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(t) (with arts. 6-13)
(1)The Secretary of State may give guidance to the HCA as to the exercise of any of its functions.
(2)Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(3)The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it.
(4)The Secretary of State may revoke guidance given under this section.
(5)The Secretary of State must—
(a)consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and
(b)publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation.
(6)The HCA must, in exercising its functions, have regard to any guidance for the time being in force under this section.
(7)References in this section to giving guidance include references to giving guidance by varying existing guidance.
F46(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F46S. 46(8) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 10 (with Pt. 4)
Commencement Information
I49S. 46 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The Secretary of State may give the HCA general or specific directions as to the exercise of any of its functions.
(2)The Secretary of State must publish any directions given by the Secretary of State under this Part as soon as reasonably practicable after giving them.
(3)The Secretary of State—
(a)may revoke any directions given by the Secretary of State under this Part, and
(b)must publish the fact that the directions have been revoked as soon as reasonably practicable after the revocation.
(4)The HCA must comply with any directions of the Secretary of State in force under this Part.
(5)Subsections (2) and (3)(b) do not apply to directions given under section 22 or paragraph 7 of Schedule 1; and this section does not apply to directions given under Schedule 4.
(6)References in this Part to the Secretary of State giving directions include references to the Secretary of State giving directions by varying existing directions.
F47(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47S. 47(7) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 11 (with Pt. 4)
Commencement Information
I50S. 47 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)Any consent of the Secretary of State required under this Part may be given—
(a)unconditionally or subject to conditions, and
(b)generally or specifically.
(2)The Secretary of State may vary or revoke any such consent except in the case of anything already done, or agreed to be done, on the authority of it.
(3)A variation or revocation under subsection (2) does not have effect until the Secretary of State has served notice of it on the HCA or (as the case may be) the other person to whom the consent is given.
Commencement Information
I51S. 48 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(u) (with arts. 6-13)
The Urban Regeneration Agency shall cease to exist on such day as the Secretary of State may by order appoint.
Modifications etc. (not altering text)
C67S. 49: 1.4.2009 appointed by S.I. 2009/801, art. 2
Commencement Information
I52S. 49 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The Commission for the New Towns shall cease to exist on such day as the Secretary of State may by order appoint.
(2)Schedule 5 (which transfers Welsh functions of the Commission to the Welsh Ministers and makes other amendments of the New Towns Act 1981 (c. 64)) has effect.
Modifications etc. (not altering text)
C68S. 50(1): 1.4.2009 appointed by S.I. 2009/801, art. 2
Commencement Information
I53S. 50(1) in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
I54S. 50(2) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(v) (with arts. 6-13)
I55S. 50(2) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(1)
(1)The Secretary of State may make one or more schemes for—
(a)the transfer to the HCA of designated property, rights or liabilities of—
(i)the Urban Regeneration Agency,
(ii)the Commission for the New Towns,
F48(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., or
(iv)a Minister of the Crown, or
(b)the transfer to the Welsh Ministers of designated property, rights or liabilities of—
(i)the Urban Regeneration Agency, or
(ii)the Commission for the New Towns.
(2)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(3)Schedule 6 (which makes further provision about the making of schemes) has effect.
[F49(3A)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).]
(4)In this section and in Schedule 6—
“designated” in relation to a scheme, means specified in, or determined in accordance with, the scheme,
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26),
“the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect.
(5)Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 65).
Textual Amendments
F48S. 51(1)(a)(iii) (but not the final "or") repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)
F49S. 51(3A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(3), 57(5)(e)
Commencement Information
I56S. 51 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The HCA must, so far as practicable, exercise its powers in relation to—
(a)any property, rights or liabilities of the Commission for the New Towns transferred to it by virtue of section 51 and Schedule 6,
(b)any property, rights or liabilities of a new town development corporation transferred to it by virtue of section 41 of, and Schedule 10 to, the New Towns Act 1981 (c. 64),
(c)any undertaking, or part of an undertaking, of an urban development corporation transferred to it by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980 (c. 65), or
(d)any property, rights or liabilities of an urban development corporation transferred to it by virtue of an order under section 165B of that Act,
for the purposes of the objects mentioned in section 2(1) or for purposes incidental to those purposes.
(2)But subsection (1) does not apply if the HCA does not consider it appropriate to exercise its powers in this way having regard, in particular, to the purposes for which the transferred property was held by the Commission for the New Towns, the new town development corporation or (as the case may be) the urban development corporation.
(3)In such a case, the HCA must exercise its powers in relation to the transferred property in such a way as it considers appropriate having regard, in particular, to—
(a)the objects mentioned in section 2(1), and
(b)the purposes for which the transferred property was held by the body concerned,
and the references in this Part to the objects of the HCA are to be read accordingly.
(4)In this section—
“new town development corporation” means a development corporation established under section 3 of the New Towns Act 1981 (c. 64),
“transferred property” means any property, rights or liabilities, or any undertaking or part of an undertaking, falling within paragraphs (a) to (d) of subsection (1) above.
Commencement Information
I57S. 52 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The Secretary of State may by notice require the Urban Regeneration Agency or the Commission for the New Towns to provide staff, premises, facilities or other assistance on a temporary basis to—
(a)the HCA, or
(b)the Welsh Ministers.
F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This section is without prejudice to the power of the Secretary of State under section 322(1).
Textual Amendments
F50S. 53(2) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2010/862, art. 3 (with Sch.)
Commencement Information
I58S. 53 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)The Secretary of State may at any time make one or more schemes for the transfer to the HCA of designated property, rights or liabilities of a specified public body.
(2)In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.
(3)On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(4)Schedule 6 applies to a scheme under this section.
(5)The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.
(6)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).
(7)In this section—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“public body” means a person or body with functions of a public nature.
(8)This section and section 53B bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—
(a)Her Majesty in right of the Crown,
(b)Her Majesty in right of Her private estates,
(c)Her Majesty in right of the Duchy of Lancaster, or
(d)the Duchy of Cornwall.
(9)The reference in subsection (8) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
Textual Amendments
F51Ss. 53A, 53B inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(2), 57(5)(e)
(1)The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
(a)any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or
(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.
(2)The provision that may be made under subsection (1)(a) includes, in particular, provision for—
(a)a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
(b)any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
(3)The provision that may be made under subsection (1)(b) includes, in particular, provision for—
(a)a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;
(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.
(4)In this section—
“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;
“tax provision” means a provision of an enactment about a relevant tax.
(5)References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to—
(a)the creation of interests, rights or liabilities under the scheme, and
(b)the modification of interests, rights or liabilities under the scheme,
(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).]
Textual Amendments
F51Ss. 53A, 53B inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(2), 57(5)(e)
(1)A transaction between a person and the HCA is not invalid merely because of a failure by the HCA to exercise its powers for the purposes mentioned in sections 3 and 4(2).
(2)A transaction between a person and the HCA is not invalid merely because it was carried out in contravention of a direction under section 47.
(3)A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 41(1) or (2).
(4)A person entering into a transaction with the HCA or a subsidiary of the HCA need not be concerned as to whether—
(a)there has been a failure of the kind mentioned in subsection (1) or (3), or
(b)a direction of the kind mentioned in subsection (2) has been given or complied with.
(5)A disposal of land by the HCA is not invalid merely because any consent required by section 10(1) or (3) has not been given.
(6)A person dealing with—
(a)the HCA, or
(b)a person claiming under the HCA,
in relation to any land need not be concerned as to whether any consent required by section 10(1) or (3) has been given.
Commencement Information
I59S. 54 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
(1)Any notice required or authorised under this Part to be served on any person may be served by—
(a)delivering it to the person,
(b)leaving it at the person's proper address, or
(c)sending it by post to the person at that address.
(2)Any such notice may—
(a)in the case of a body corporate, be served in accordance with subsection (1) on an officer of the body, and
(b)in the case of a partnership, be served in accordance with subsection (1) on a partner or a person having the control or management of the partnership business.
(3)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person on whom a notice is to be served is the person's last known address except as follows.
(4)For the purposes of this section and section 7 of the Act of 1978 in its application to this section, the proper address is—
(a)in the case of service on a body corporate or an officer of the body, the address of the registered or principal office of the body, and
(b)in the case of service on a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership.
(5)For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(6)Subsection (7) applies if a person to be served under this Part with a notice has specified an address within the United Kingdom other than the person's proper address (as decided under subsections (3) and (4)) as the one at which the person, or someone on the person's behalf, will accept documents of the same description as the notice.
(7)The specified address is also to be treated for the purposes of this section and section 7 of the Act of 1978 in its application to this section as the person's proper address.
(8)Subsection (9) applies if the name or address of any owner, lessee or occupier of land on whom a notice is to be served under this Part cannot, after reasonable inquiry, be ascertained.
(9)The notice may be served by—
(a)leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or
(b)leaving it conspicuously affixed to a building or object on the land.
(10)Any notice required or authorised under this Part to be served on any person may be served on the person by transmitting the text of the notice to the person by means of an electronic communications network or by other means but while in electronic form provided the text is received by the person in legible form and is capable of being used for subsequent reference.
(11)In this section—
“body corporate” includes a limited liability partnership,
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,
“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate,
“partnership” does not include a limited liability partnership,
and references to serving include references to similar expressions (such as giving or sending).
Commencement Information
I60S. 55 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)
Schedule 8 (which contains amendments of enactments) has effect.
Commencement Information
I61S. 56 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)
I62S. 56 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(w) (with arts. 6-13)
I63S. 56 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(2)
I64S. 56 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
(1)In this Part—
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“develop” (and development), in relation to land or infrastructure, includes redevelop (and redevelopment),
“electronic communications apparatus” has the same meaning as in the electronic communications code,
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 (c. 21),
“electronic communications code network” means—
so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act of 2003 (application of the electronic communications code), and
an electronic communications network which the Secretary of State is providing or proposing to provide,
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act of 2003,
“electronic communications network” has the same meaning as in the Act of 2003,
“enactment” includes subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),
“financial year” means—
the period beginning with the day on which the HCA is established and ending with the next 31 March, and
each subsequent period of 12 months ending with 31 March,
“improve”, in relation to housing and other land, includes refurbish, equip and fit out,
[F53“infrastructure system” has the meaning given by paragraph 7(1) of Schedule 3A to the Communications Act 2003 (the electronic communications code), and a reference to providing such a system is to be read in accordance with paragraph 7(2) of the code (reference to provision includes establishing or maintaining),]
“modifications” includes omissions,
“notice” means notice in writing,
“operator”, in relation to an electronic communications code network means—
the electronic communications code operator providing that network, or
the Secretary of State, so far as the Secretary of State is providing or proposing to provide that network,
“provide” and related expressions, in relation to an electronic communications network, are to be read in accordance with section 32(4) of the Communications Act 2003 (c. 21).
(2)References in this Part to powers of the HCA do not include references to powers contained in duties imposed on the HCA.
Textual Amendments
F52Words in s. 57(1) omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 52; S.I. 2017/1286, reg. 2(d)
F53Words in s. 57(1) inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 52; S.I. 2017/1286, reg. 2(d)
Commencement Information
I65S. 57 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)
I66S. 57 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)
I67S. 57 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
Expression | Provision |
---|---|
Allotment | Section 9(7) |
Building | Section 2(3) |
Caravan | Section 2(3) |
Common | Section 9(7) |
F54. . . | F54. . . |
Designated area | Section 13(5) |
Designation order | Section 13(5) |
Develop (and development) | Section 57(1) |
Electronic communications apparatus | Section 57(1) |
Electronic communications code | Section 57(1) |
Electronic communications code network | Section 57(1) |
Electronic communications code operator | Section 57(1) |
Electronic communications network | Section 57(1) |
Enactment | Section 57(1) |
Financial year | Section 57(1) |
Giving directions | Section 47(6) |
The HCA | Section 1(1) |
Housing | Section 2(3) |
Improve | Section 57(1) |
Infrastructure | Section 2(3) |
[F55Infrastructure system (and providing such a system) | Section 57(1)] |
Land | Section 2(3) (and Schedule 1 to the Interpretation Act 1978 (c. 30)) |
Local planning authority (in relation to designation orders or proposed designation orders) | Section 13(5) |
Modifications | Section 57(1) |
Notice | Section 57(1) |
Objects of the HCA | Sections 2, 19(5) and 52(3) |
Open space | Section 9(7) |
Operator (in relation to electronic communications code network) | Section 57(1) |
Permitted purposes | Section 13(5) |
Powers of the HCA | Section 57(2) |
Provide (in relation to an electronic communications network) | Section 57(1) |
Registered provider of social housing | Section 80(2)(a) |
F56. . . | F56. . . |
Social housing (and its provision) | Section 32(13) |
Social housing assistance | Section 32(13) |
Subsidiary | Section 23(5) |
Urban development corporation | Section 42(7) |
Textual Amendments
F54Words in s. 58 omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 53; S.I. 2017/1286, reg. 2(d)
F55Words in s. 58 inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 53; S.I. 2017/1286, reg. 2(d)
F56Words in s. 58 omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 12 (with Pt. 4)
Commencement Information
I68S. 58 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)
I69S. 58 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)
I70S. 58 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(e)
I71S. 58 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: