Housing and Regeneration Act 2008 (c. 17)

Part 1 E+W The Homes and Communities Agency

Chapter 4 E+W Other functions of the HCA

Social housing E+W

34 Determinations under sections 32 and 33 E+W

(1) The HCA must not make a general determination under section 32 or 33 without the consent of the Secretary of State.

(2) Before making such a determination, the HCA must consult—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) such F2 ... 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

F1 S. 34(2)(a) and the word at the end of the paragraph repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 6(a), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

F2 Word in s. 34(2)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 6(b), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C1 Ss. 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

I1 S. 34 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(c) (with art. 2(2)(3))