Housing and Regeneration Act 2008

275 General E+W

In this Part, except where the context requires otherwise—

• “action” includes inaction, proposed action and decision,

• “assured agricultural occupancy” has the same meaning as in Part 1 of the Housing Act 1988,

• “assured tenancy” has the same meaning as in that Part,

• “the Charity Commission” means the Charity Commission for England and Wales,

• “committee”, in relation to [F1 a registered society], means the committee of management or other directing body of the society (including any person co-opted to serve on the committee, whether a member of the society or not),

• “consent” means written consent,

• “constitution” includes rules,

• “conveyance” includes grant, assignment and any other instrument,

• “district valuer” has the meaning given by section 622 of the Housing Act 1985 (c. 68),

• “dwelling”—

  (a)

  means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and

  (b)

  includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,

• “the HCA” means the Homes and Communities Agency,

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority” has the same meaning as in the Housing Associations Act 1985,

• “local housing authority” has the same meaning as in the Housing Act 1985,

• “maintenance” includes repair,

• [F3 “mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);]

• “non-registrable charity” means a charity which is not required to be registered, in accordance with [F4 section 30 of the Charities Act 2011,]

• “notice” means written notice (and to “notify” means to give written notice),

• [F5 "preferential creditor", "preferential debt”, “ordinary preferential debt” and “secondary preferential debt”] have the same meaning as in the Insolvency Act 1986 (c. 45),

• “price” includes premium,

• “registered charity” means a charity registered under [F6 the Charities Act 2011,]

• “registered company” means a company within the meaning of the Companies Act 2006 (c. 46),

• [F7 “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014,]

• “rent” includes payments under a licence to occupy accommodation,

• “representations” means written representations,

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985 (c. 68),

• “secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—

  (a)

  land held by a registered provider, or

  (b)

  a present or future interest of a registered provider in rents or other receipts from land,

• “tenant” in relation to social housing includes other occupiers, and

• F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 122 (with Sch. 5)

F2 Words in s. 275 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(a) (with Sch. 5)

F3 Words in s. 275 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 38; S.I. 2017/75, reg. 4

F4 Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(a) (with s. 20(2), Sch. 8)

F5 Words in s. 275 substituted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 30(3) (with art. 3)

F6 Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(b) (with s. 20(2), Sch. 8)

F7 Words in s. 275 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(b) (with Sch. 5)

F8 Words in s. 275 omitted (5.7.2018) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 9; S.I. 2018/805, reg. 3(c) (with reg. 4)

Commencement Information

I1 S. 275 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I2 S. 275 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)