Housing and Regeneration Act 2008

Powers to deal with land etc. E+W

8 Powers to deal with land etc. E+W

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)

C1 Pt. 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

C2 S. 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)

C3 S. 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))

C4 S. 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)

C5 S. 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)

C6 S. 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)

C7 S. 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)

Commencement Information

I1 S. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(c) (with arts. 6-13)

9 Acquisition of land E+W

(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—

  (a)

  laid out as a public garden,

  (b)

  used for the purposes of public recreation, or

  (c)

  a disused burial ground.

Modifications etc. (not altering text)

C8 S. 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)

C9 S. 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))

C10 S. 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)

C11 S. 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)

C12 S. 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)

C13 S. 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)

Commencement Information

I2 S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

10 Restrictions on disposal of land E+W

(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)

C14 S. 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)

C15 S. 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))

C16 S. 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)

C17 S. 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)

C18 S. 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)

C19 S. 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)

Commencement Information

I3 S. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(e) (with arts. 6-13)