Housing and Regeneration Act 2008 (c. 17)

Part 1 E+W The Homes and Communities Agency

Chapter 5 E+W Supplementary

Abolition of existing bodies E+W

49 Abolition of Urban Regeneration Agency E+W

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)

C1 S. 49: 1.4.2009 appointed by S.I. 2009/801, art. 2

Commencement Information

I1 S. 49 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

50 Abolition of the Commission for the New Towns E+W

(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)

C2 S. 50(1): 1.4.2009 appointed by S.I. 2009/801, art. 2

Commencement Information

I2 S. 50(1) in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

I3 S. 50(2) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(v) (with arts. 6-13)

I4 S. 50(2) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(1)

51 Property etc. transfers to the HCA and the Welsh Ministers E+W

(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,

(iii) a regional development agency (within the meaning of the Regional Development Agencies Act 1998 (c. 45)), 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.

(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).

Commencement Information

I5 S. 51 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

52 Role of the HCA in relation to former CNT functions E+W

(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

I6 S. 52 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

53 Interim arrangements E+W

(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.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This section is without prejudice to the power of the Secretary of State under section 322(1).

Textual Amendments

F1 S. 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

I7 S. 53 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)