Housing Associations Act 1985

Part I E+W+S Regulation of Housing Associations

Introductory E+W+S

1 Meaning of “housing association” and related expressions. E+W+S

(1) In this Act “housing association” means a society, body of trustees or company—

(a) which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b) which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital [F1 ;]

[F1 but does not include Scottish Homes.]

(2) In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a) restrict membership to persons who are tenants or prospective tenants of the association, and

(b) preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a society registered under the M1 Industrial and Provident Societies Act 1965 [F2 (in this part referred to as “the 1965 Act”)] .

(3) In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

Textual Amendments

F1 Words added by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 6

F2 Words in s. 1(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

Marginal Citations

M1 1965 c. 12.

2 Meaning of “housing trust”. E+W+S

In this Act “housing trust” means a corporation or body of persons which—

(a) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b) is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

F3 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F3 S. 2A repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))

[F4 2B Meaning of “registered housing association”, “registered social landlord” etc. E+W+S

In this Act, unless the context otherwise requires—

“registered housing association” means a housing association registered in the register maintained by Scottish Homes under section 3,

“registered social landlord” has the same meaning as in Part I of the Housing Act 1996, and

“unregistered”, in relation to a housing association, means neither registered in the register maintained by Scottish Homes under section 3 nor registered as a social landlord under Part I of the Housing Act 1996..]

Textual Amendments

F4 S. 2B inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(2)

Registration E+W+S

[F5 3 The register. S

(1) A register of housing associations shall be maintained by [F6 Scottish Homes and shall be open to inspection at the head office of Scottish Homes]]at all reasonable times.

[F7 (1A) In this Act “register”, in relation to [F8 Scottish Homes], means the register maintained by [F8 Scottish Homes] under this section.]

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F6 Words in s. 3(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(3)(a)

F7 S. 3(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 3(2)

F8 Words in s. 3(1A) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(3)(b)

F9 S. 3(2) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

[F10 4 Eligibility for registration. S

(1) A housing association is eligible for registration if it is—

[F11 a society which has its registered office for the purposes of the 1965 Act in Scotland and]] which fulfils the following conditions.

(2) The conditions are that the association does not trade for profit and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of—

(a) houses to be kept available for letting, or

(b) houses for occupation by members of the association, where the rules of the association restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the association, or

(c) hostels,

and that any additional purposes or objects are among the following.

[F12 (3) The permissible additional purposes or objects are—

(a) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for the benefit of the association’s residents, either exclusively or together with other persons;

(b) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease or on shared ownership terms;

(c) constructing houses to be disposed of on shared ownership terms;

(d) managing houses which are held on leases or other lettings (not being houses falling within subsection (2)(a) or (b) ) or blocks of flats;

(e) providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;

(f) encouraging and giving advice on the formation of other housing associations or providing services for, and giving advice on the running of, such associations and other voluntary organisations concerned with housing, or matters connected with housing.

[F13 (ff) in England and Wales, disposing of houses by way of sale at less than market value to residents of the association;]

[F14 (g) in England and Wales, enabling or assisting any residents of theirs—

(i) to acquire, or to acquire and enter into occupation of, houses F15 . . ., or

(ii) to procure the construction F16 . . . of separate dwellings for occupation by those residents (whether alone or with other persons), or to procure such construction and enter into occupation of the dwellings so constructed,

by providing grants to or for such residents or, in a case falling within sub-paragraph (i) above, by entering into assured percentage arrangements with such residents (or partly in the one way and partly in the other).]

(4) A housing association shall not be ineligible for registration by reason only that its powers include power—

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (3);

(b) to repair, improve or convert any commercial premises acquired as mentioned in paragraph (a) or to carry on, for a limited period, any business so acquired;

(c) to repair or improve houses, or buildings in which houses are situated, after the tenants have exercised, or claimed to exercise, acquisition rights;

(d) to acquire houses to be disposed of at a discount to tenants to whom section 58 of the Housing Act 1988 applies (tenants of charitable housing associations etc.).

(5) In this section—

• “acquisition right”means—

• F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F17 . . .a right to purchase under section 61 of the Housing (Scotland) Act 1987;

• [F18 “assured percentage arrangements” means arrangements pursuant to which—

  (a)

  a housing association provides a sum (the “initial capital sum”) to a person who, at the time when the association offers to provide that sum, is a resident of theirs (the “participating resident”) for the purpose of enabling or assisting him to acquire a legal estate in a house F19 . . .;

  (b)

  the participating resident, in consideration for the provision of the initial capital sum, enters into an assured percentage covenant with the association; and

  (c)

  the liability to make any payment required by the assured percentage covenant is secured by a mortgage;

• “assured percentage covenant” means a covenant requiring the participating resident in the case of the assured percentage arrangements inquestion to make to the association at a date (the “discharge date”) determined in accordance with the covenant a payment (the “discharge payment”) calculated by reference to the product of—

  (a)

  the difference between—

  (i)

  the initial capital sum, expressed as a percentage of the initial value of the house, and

  (ii)

  the aggregate of the interim payment percentages (if any), and

  (b)

  the final value of the house,

• “interim payment percentage” meaning, for the purposes of paragraph (a)(ii) above, the amount of any payment accepted by the association before the discharge date, in diminution of the liability to make the discharge payment and in accordance with the terms of the instrument containing the covenant, expressed as a percentage of the proper value of the estate in question as at the time of that acceptance;]

  • “block of flats”means a building—

  (a)

  containing two or more flats which are held on leases or other lettings; and

  (b)

  occupied or intended to be occupied wholly or mainly for residential purposes;

  • “disposed of on shared ownership terms”means—

  • F17 . . .

    • F17 . . .

    • F17 . . .

  • F17 . . .disposed of under a shared ownership agreement;

• [F20 “equity percentage arrangements” means arrangements pursuant to which—

  (a)

  a housing association conveys a legal estate in a house to an individual (the “relevant purchaser”);

  (b)

  the relevant purchaser, in consideration for that conveyance—

  (i)

  makes to the association a payment (the “initial payment”) expressed to represent a percentage of the initial value of the house; and

  (ii)

  enters into an equity percentage covenant with the association; and

  (c)

  the liability to make any payment required by the equity percentage covenant is secured by a mortgage;

• “equity percentage covenant” means a covenant requiring the relevant purchaser in the case of the equity percentage arrangements in question to make to the association at a date (the “discharge date”) determined in accordance with the covenant a capital payment (the “discharge payment”) determined by reference to that percentage (if any) of the final value of the house which remains after reducing 100 per cent. by the sum of the following percentages, that is to say—

  (a)

  the percentage of the initial value of the house which the initial payment made pursuant to the equity percentage arrangements in question was expressed to represent, and

  (b)

  the aggregate of the interim payment percentages (if any),

• “interim payment percentage” meaning, for the purposes of paragraph (b) above, the amount of any payment accepted by the association before the discharge date, in diminution of the liability to make the discharge payment and in accordance with the terms of the instrument containing the covenant, expressed as a percentage of the proper value of the estate in question as at the time of that acceptance

• “the final value” of a house, in the case of an assured percentage covenant or equity percentage covenant, means the proper value of the estate in question at the time at which the discharge payment required by the covenant falls to be made

• “the initial value” of a house means—

  (a)

  in the case of assured percentage arrangements, the price required to be paid to or at the direction of the vendor for the conveyance of the estate in question to the participating resident; or

  (b)

  in the case of equity percentage arrangements, an amount agreed between the relevant purchaser and the housing association, before the conveyance of the estate in question to the relevant purchaser, as being the price for which the estate would have been conveyed at that time, with vacant possession, in an arm’s length transaction between a willing buyer and a willing seller on the open market;]

  • “letting”includes the grant—

  • F17 . . .

  • F17 . . .of a right or permission to occupy;

• [F21 “proper value”, in the case of any estate, means the value of the estate as determined by such person as may be specified or described in, and otherwise in accordance with the terms of, the instrument containing the assured percentage covenant or equity percentage covenant in question;

• “qualifying lending institution” means—

  (a)

  the Corporation;

  (b)

  a building society, within the meaning of the Building Societies Act 1986 F22 ;

  (c)

  a bank;

  (d)

  an insurance company; or

  (e)

  a friendly society;]

  • “residents”, in relation to a housing association, means the persons occupying the houses or hostels provided or managed by the association;

  • “voluntary organisation” means an organisation whose activities are not carried on for profit.]

[F23 (6) a mortgage securing a person’s liability to make any payment required by an assured percentage covenant or equity percentage covenant shall, by virtue of this subsection, have priority immediately after any legal charge securing an amount advanced to that person by a qualifying lending institution—

(a) for the purpose of enabling him to acquire the estate in question; or

(b) with the written consent of the housing association, for the purpose of enabling him to carry out any improvement to the house in question.]

Textual Amendments

F10 S. 4 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F11 Words in s. 4(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(4)

F12 S. 4(3)–(5) substituted for s. 4(3)(4) (s. 4(4) having been inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 45(3) which section 45 was subsequently repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18) by Housing Act 1988 (c. 50, SIF 61) s. 48(1)

F13 S. 4(3)(ff) inserted (E.W.) (1.4.1996) by S.I. 1996/592, art. 2(2)(a)

F14 S. 4(3)(g) added (E.W.) (8.12.1994) by S.I. 1994/2895, art. 2(2)

F15 Words in s. 4(3)(g)(i) omitted (E.W.) (1.4.1996) by virtue of S.I. 1996/592, art. 2(2)(b)

F16 Words in s. 4(3)(g)(ii) omitted (E.W.) (1.4.1996) by virtue of S.I. 1996/592, art. 2(2)(c)

F17 S. 4(5): words in paras. (a), (b); (a)(i)(ii), (b) and (a), (b) respectively of definitions of “acquisition right”, “disposed of on shared ownership terms”and “letting”repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with savings in art. 4(2)(3))

F18 S. 4(5): definitions inserted (E.W.) (8.12.1994) by S.I. 1994/2895, art. 2(3)

F19 S. 4(5): words in para. (a) of definition of “assured percentage arrangements”omitted (E.W.) (1.4.1996) by virtue of S.I. 1996/592, art. 2(3)

F20 S. 4(5): definitions inserted (E.W.) (8.12.1994) by S.I. 1994/2895, art. 2(5)

F21 S. 4(5): definitions inserted (E.W.) (8.12.1994) by S.I. 1994/2895, art. 2(6)

F22 1986 c.53.

F23 S. 4(6) added (E.W.) (8.12.1994) by S.I. 1994/2895, art. 2(7)

Modifications etc. (not altering text)

C1 Ss. 4, 8 modified by Housing Act 1988 (c. 50, SIF 61), s. 58(3)(4)

[F24 5 Registration. S

(1) [F25 Scottish Homes]]register any housing association which is eligible for registration but—

(a) [F25 Scottish Homes] shall establish criteria which should be satisfied by a housing association seeking registration, and

(b) in deciding whether to register an association [F25 Scottish Homes]shall have regard to whether it satisfies those criteria.

[F26 (2) Scottish Homes may vary any criteria established by it under subsection (1).]

(3) As soon as may be after registering a housing association [F25 Scottish Homes]shall give notice of the registration—

(a) if the association is a registered charity, to the Charity Commissioners, or

(b) if the association is a society registered under the 1965 Act, to the appropriate registrar,

who shall record the registration.

[F27 (4) Where at any time a body is, or was, on a register maintained under section 3, then, for all purposes other than rectification of that register, the body shall be conclusively presumed to be, or to have been, at that time a housing association eligible for registration in that register.]

Textual Amendments

F24 S. 5 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F25 Words in s. 5(1)(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(5)(a)

F26 S. 5(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(5)(b)

F27 S. 5(4) substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 4(2)

[F28 6 Removal from the register. S

(1) A body which has been registered shall not be removed from the register except in accordance with this section.

(2) If it appears to [F29 Scottish Homes]]that a body which is on the register—

(a) is no longer a housing association eligible for registration, or

(b) has ceased to exist or does not operate,

[F29 Scottish Homes] shall, after giving the body at least 14 days’ notice, remove it from the register.

(3) In the case of a body which appears to [F29 Scottish Homes]to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to [F29 Scottish Homes] to be the principal place of business of the body.

(4) A body which is registered may request [F29 Scottish Homes] to remove it from the register if it has not at any time received—

[F30 (a) a grant under section 41 (housing association grants),

(b) a grant under section 54 (revenue deficit grants),

(c) any such payment or loan as is mentioned in paragraph 2 or paragraph 3 of Schedule 1 (grant-aided land),

(d) a grant or a loan under section 2(2) of the Housing (Scotland) Act 1988,

(e) a grant under section 50 of the Housing Act 1988 (housing association grants), or

(f) a grant under section 51 of that Act (revenue deficit grants)]

and [F29 Scottish Homes] may, if it thinks fit, do so.

(5) As soon as may be after removing a body from the register [F29 Scottish Homes] shall give notice of the removal—

• F31 . . .

• F31 . . .to the appropriate registrar,

who shall record the removal.

Textual Amendments

F28 S. 6 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F29 Words in s. 6(2)-(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F30 S. 6(4)(a)–(f) substituted for s. 6(a)–(c) by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 5

F31 Words in s. 6(5) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

[[F32 7 Appeal against removal. S

(1) A body which is aggrieved by a decision of [F33 Scottish Homes]]to remove it from the register may appeal against the decision [F34 to the Court of Session]

(2) If an appeal is brought [F35 Scottish Homes]shall not remove the body concerned from the register until the appeal has been finally determined or is withdrawn.

(3) As soon as may be after an appeal is brought [F35 Scottish Homes]shall give notice of the appeal—

• F36 . . .

• F36 . . .to the appropriate registrar.]

Textual Amendments

F32 S. 7 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F33 Words in s. 7(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(7)(a)(i)

F34 Words in s. 7(1) substituted for s. 7(1)(a)(b) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(7)(a)(ii)

F35 Words in s. 7(2)(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(7)(b)

F36 Words in s. 7(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with savings in art. 4(2)(3))

Disposal of land E+W+S

[F37 8 Power of registered housing associations to dispose of land. S

(1) Without prejudice to the provisions of [F38 Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants)]], every registered housing association has power, subject to section 9 (control F39 . . .of land transactions), by virtue of this section but not otherwise, to dispose, in such manner as it thinks fit, of land held by it.

(2) Section 39 of the M2 Settled Land Act 1925 (disposal of land by trustees) does not apply to the disposal of land by a registered housing association; and accordingly the disposal need not be for the best consideration in money that can reasonably be obtained.

(3) Nothing in subsection (2) shall be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

Textual Amendments

F37 S. 8 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F38 Words in s. 8(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(8)

F39 Words in s. 8(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

Modifications etc. (not altering text)

C2 Ss. 4, 8 modified by Housing Act 1988 (c. 50, SIF 61), s. 58(3)(4)

Marginal Citations

M2 1925 c. 18.

9 Control by [F40 Corporation] of dispositions of land by housing associations. E+W+S

[F41 [F42 (1) Subject to section 10 and sections 81(7), [F43 105(6)][F44 , the consent of Scottish Homes] is required for any disposition of land by a registered housing association.]

(1A) Subject to section 10, the consent of the relevant Corporation is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “the relevant Corporation” means,—

(a) if the land is in England, the Housing Corporation;

(b) if the land is in Scotland, Scottish Homes; and

(c) if the land is in Wales, [F45 the Secretary of State].]

(2) [F46 Consent under this section] may be so given—

(a) generally to all housing associations or to a particular housing association or description of association;

(b) in relation to particular land or in relation to a particular description of land;

and may be given subject to conditions.

(3) A disposition by a housing association which requires [F47 consent] under this section is valid in favour of a person claiming under the association notwithstanding that [F47 that consent] has not been given; and a person dealing with the association, or with a person claiming under the association, shall not be concerned to see or inquire whether any such consent has been given.

This subsection has effect subject to section 12 (avoidance of certain dispositions of houses without consent).

[F48 (4) Where at the time of its removal from the register under section 6(2) (removal of bodies no longer eligible for registration or defunct) a body owns land, this section continues to apply to that land after the removal as if the body concerned continued to be a registered housing association.]

(5) For the purposes of this section “disposition” means sale, lease, mortgage, charge or any other disposal.

[F49 (6) References in this section to consent are references,—

(a) in the case of the Housing Corporation F50 . . ., to consent given by order under the seal of the Corporation; and

(b) in the case of [F51 the Secretary of State or]Scottish Homes, to consent in writing.]

Textual Amendments

F40 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

F41 S. 9(1)(1A) substituted for s. 9(1) by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 7(1)

F42 S. 9(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F43 Word in s. 9(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F44 Words in s. 9(1) substituted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(9)

F45 Words in s. 9(1A)(c) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 24(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F46 Words in s. 9(2) substituted (1.10.1996) by S.I. 1996/2325, art. 15(1), Sch. 2 para. 15(10)

F47 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 7(2)(a)(b)

F48 S. 9(4) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F49 S. 9(6) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 7(3)

F50 Words in s. 9(6)(a) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 24(3)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F51 Words in s. 9(6)(b) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 24(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C3 S. 9 amended by (E.W.) Local Government and Housing Act 1989 (c. 42, SIF 61), s. 173(6)(7); Housing Act 1988 (c. 50, SIF 61), s.81(7); modified by Housing Act 1988 (c. 50, SIF 61), s. 58(3)(4); excluded by (E.W.) Housing Act 1988 (c. 50, SIF 61) s. 105(6), s 133(6)(7); (Scotland) Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 63(3)

C4 S. 9(1)(1A) excluded (E.W.) (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(b) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, art. 5.

10 Dispositions excepted from s. 9. E+W+S

(1) A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of [F52 sections 36 and 38 of the Charities Act 1993] it cannot be made without an order of the court or the Charity Commissioners; but [F53 before making an order in such a case the Charity Commissioners shall consult,—

(a) in the case of dispositions of land in England, the Housing Corporation;

(b) in the case of dispositions of land in Scotland, Scottish Homes; and

(c) in the case of dispositions of land in Wales, [F54 the Secretary of State].]

(2) A letting [F55 by a registered housing association, or]by an unregistered housing association which is a housing trust, is not within section 9 if it is—

(a) a letting of land under a secure tenancy, or

(b) a letting of land under what would be a secure tenancy but for any of paragraphs 2 to 12 of [F56 Schedule 1 to the Housing Act 1985] or [F57 paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987] (tenancies excepted from being secure tenancies for reasons other than that they are long leases) [F58 or

(c) a letting of land under an assured tenancy or an assured agricultural occupancy, or

(d) a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, or

(e) a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.]

(3) The grant by an unregistered housing association which does not satisfy the landlord condition in section 80 of the Housing Act 1985 (bodies which are capable of granting secure tenancies) of a lease for a term ending within the period of seven years and three months beginning on the date of the grant is not within section 9 unless—

(a) there is conferred on the lessee (by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or

(b) the lease is granted wholly or partly in consideration of a fine.

(4) In subsection (3) the expression “lease” includes an agreement for a lease and a licence to occupy, and the expressions “grant” and “term” shall be construed accordingly.

Textual Amendments

F52 Words in s. 10(1) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(2).

F53 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 8(1)

F54 Words in s. 10(1)(c) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 25; S.I. 1998/2244, art. 5

F55 Words in s. 10(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F56 Words beginning “Schedule 1” substituted (E.W.) (retrospectively1.4.1986) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 10(6)(9)

F57 Words “1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987” substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 6(a) and “paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987”substituted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(2)

F58 “or” and s. 10(2)(c)–(e) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 8(2)

F59 11 Further provisions as to certain disposals of houses. E+W+S

Schedule 2 applies in relation to a disposal of a house under section 8 where—

(a) a discount is given to the purchaser, or

(b) the house is situated in a National Park, an area designated under section 87 of the National Parks and Access to the M3 Countryside Act 1949 as an area of outstanding beauty, or an area designated as a rural area by order under section 157 of the M4 Housing Act 1985.

Textual Amendments

F59 S. 11 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Marginal Citations

M3 1949 c. 97.

M4 1985 c. 68.

12 Avoidance of certain disposals of houses without consent. E+W+S

A disposal of a house by a housing association made without the consent required by section 9 is void unless—

(a) the disposal is to an individual (or to two or more individuals), and

(b) the disposal does not extend to any other house.

Control of payments to members, etc. E+W+S

[F60 13 Payments by way of gift, dividend or bonus. S

(1) A registered housing association shall not make a gift or pay a sum by way of dividend or bonus to—

(a) a person who is or has been a member of the association, or

(b) a person who is a member of the family of a person within paragraph (a), or

(c) a company of which a person within paragraph (a) or (b) is a director, or

(d) a Scottish firm of which a person within paragraph (a) or (b) is a member,

except as permitted by this section.

(2) The following are permitted—

(a) the payment of a sum which, in accordance with the rules of the association concerned, is paid as interest on capital lent to the association or subscribed by way of shares in the association;

(b) the payment by a fully mutual housing association to a person who has ceased to be a member of the association, of a sum which is due to him either under his tenancy agreement with the association or under the terms of the agreement under which he became a member of the association.

(3) Where an association which is a society registered under the 1965 Act pays a sum or makes a gift in contravention of this section the association may recover the sum or the value of the gift, and proceedings for its recovery shall be taken by the association if [F61 Scottish Homes]]so directs.

Textual Amendments

F60 S. 13 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F61 Words in s. 13(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

[F62 14 Maximum amounts payable by way of fees, expenses, etc. S

(1) [F63 Scottish Homes]]may from time to time specify the maximum amounts which may be paid by a registered housing association F64 . . .—

(a) by way of fees or other remuneration, or by way of expenses, to a member of the association who is not a member of its committee or an officer or employee of the association,

(b) by way of expenses to a member of its committee (including a co-opted member) who is not an officer or employee of the association, or

(c) by way of expenses to an officer of the association who does not have a contract of employment with the association;

and different amounts may be so specified for different purposes.

(2) Where such an association makes a payment in excess of the specified maximum, the association may recover the excess and proceedings for its recovery shall be taken by the association if [F63 Scottish Homes] so directs.

Textual Amendments

F62 S. 14 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F63 Words in s. 14 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F64 Words in s. 14(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

[[F65 15 Payments and benefits to committee members, etc. S

(1) A registered housing association F66 . . . shall not make a payment or grant a benefit to—

(a) a committee member (including a co-opted member), officer or employee of the association, or

(b) a person who at any time within the preceding twelve months has been a person within paragraph (a), or

(c) a close relative of a person within paragraph (a) or (b), or

(d) a business trading for profit of which a person falling within paragraph (a), (b) or (c) is a principal proprietor or in the management of which such a person is directly concerned,

except as permitted by this section [F67 or by section 15A of this Act]].

(2) The following are permitted—

(a) payments made or benefits granted to an officer or employee under his contract of employment with the association;

(b) the payment of expenses to a committee member (including a co-opted member) or to an officer of the association who does not have a contract of employment with the association;

(c) any such payment as may be made in accordance with section 13(2) (interest payable in accordance with the rules and certain sums payable by a fully mutual housing association to a person who has ceased to be a member);

(d) the grant or renewal of a tenancy by a co-operative housing association;

(e) where a tenancy of a house has been granted to, or to a close relative of, a person who later became a committee member (including a co-opted member), officer or employee, the grant to that tenant of a new tenancy, whether of the same or another house.

F68 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69 (g) [F70 payments made or benefits granted by a registered housing]association with the approval of Scottish Homes (which approval may be given only in relation to a class or classes of case).]

F71 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where an association pays a sum or grants a benefit in contravention of this section, the association may recover the sum or the value of the benefit, and proceedings for its recovery shall be taken by the association if [F72 Scottish Homes]so directs.]

Textual Amendments

F65 S. 15 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F66 Words in s. 15(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with savings in art. 4(2)(3))

F67 Words added by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(3)

F68 S. 15(2)(f) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F69 S. 15(2)(g) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59 (2)(3)(4), Sch. 6 Pt. I para. 9(1)

F70 Words in s. 15(2)(g) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(11)(a)

F71 S. 15(2A) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F72 Words in s. 15(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(11)(b)

[F73 15A Payments etc. in community-based housing associations in Scotland. S

(1) In relation to a community-based housing association in Scotland the following are also permitted, notwithstanding section 15(1)—

(a) payments made by the association in respect of the purchase of a dwelling, or part of a dwelling, owned and occupied by a person described in subsection (2) who is not an employee of the association; but only if—

(i) such payments constitute expenditure in connection with housing projects undertaken for the purpose of improving or repairing dwellings; and

(ii) the purchase price does not exceed such value as may be placed on the dwelling, or as the case may be part, by the district valuer;

(b) the granting of the tenancy of a dwelling, or part of a dwelling, to such a person; but only if the person—

(i) lives in the dwelling or in another dwelling owned by the association; or

(ii) has at any time within the period of twelve months immediately preceding the granting of the tenancy lived in the dwelling (or such other dwelling) whether or not it belonged to the housing association when he lived there.

(2) The persons mentioned in subsection (1) are—

(a) a committee member or voluntary officer of the association; or

(b) a person who at any time in the twelve months preceding the payment (or as the case may be the granting of the tenancy) has been such a member or officer; or

(c) a close relative of a person described in paragraph (a) or (b).

(3) For the purposes of subsection (1), a housing association is “community-based” if—

(a) prior to the specified date, it was designated as such by the Housing Corporation; or

(b) on or after that date, it is designated as such by Scottish Homes;

and, in this subsection, “specified date” has the same meaning as in section 3 of the Housing (Scotland) Act 1988.

(4) Scottish Homes—

(a) shall make a designation under subsection (3) only if it considers that the activities of the housing association relate wholly or mainly to the improvement of dwellings, or the management of improved dwellings, within a particular community (whether or not identified by reference to a geographical area entirely within any one administrative area); and

(b) may revoke such a designation (including a designation made by the Housing Corporation under subsection (3) above as originally enacted) if it considers, after giving the association an opportunity to make representations to it as regards such revocation, that the association’s activities have ceased so to relate.]

Textual Amendments

F73 S. 15(A) inserted (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 14 (which s. 14 was repealed 1.4.1989 by virtue of Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18: S.I. 1989/404) and as so inserted s. 15A is substituted (1.4.1989: cf. S.I. 1989/404) by virtue of Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 10

Constitution, change of rules, amalgamation and dissolution E+W+S

[F74 16 General power to remove committee member. S

(1) [F75 Scottish Homes]] may by order remove a committee member of a registered housing association if—

(a) in England and Wales, he has been adjudged bankrupt or he has made an arrangement with his creditors,

(b) in Scotland, he has become notour bankrupt or he has executed a trust deed for behoof of, or has made a composition contract or arrangement with, his creditors,

(c) he is incapable of acting by reason of mental disorder,

(d) he has not acted, or

(e) he cannot be found or does not act and his absence of failure to act is impeding the proper management of the association’s affairs.

(2) Before making an order [F75 Scottish Homes] shall give at least 14 days’ notice of its intention to do so to the person whom it intends to remove, and to the association concerned.

(3) Notice under subsection (2) may be given by post, and if so given to the person whom [F75 Scottish Homes] intend to remove may be addressed to his last known address in the United Kingdom.

(4) A person who is ordered to be removed under this section may appeal against the [F76 order,—

• F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F77 . . .to the Court of Session.]

Textual Amendments

F74 S. 16 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F75 Words in s. 16(1)(2)(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(12)(a)(b)

F76 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 11

F77 Words in s. 16(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

[F78 17 Power to appoint new committee member. S

(1) [F79 Scottish Homes]]may by order appoint a person to be a committee member of a registered housing association—

(a) in place of a person removed by [F79 Scottish Homes],

(b) where there are no members of the committee, or

(c) where [F79 Scottish Homes] is of opinion that it is necessary for the proper management of the association’s affairs to have an additional committee member [F80 and the power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of committee members permissible under the association’s constitution to be exceeded].

(2) A person may be so appointed whether or not he is a member of the association and, if he is not, notwithstanding that the rules of the association restrict appointment to members.

(3) A person appointed under this section shall hold office for such period and on such terms as [F79 Scottish Homes]may specify and on the expiry of the appointment [F79 Scottish Homes] may renew the appointment for such period as it may specify; but this does not prevent a person appointed under this section from retiring in accordance with the rules of the association.

(4) A person appointed under this section is entitled—

(a) to attend, speak and vote at any general meeting of the association and to receive all notices of and other communications relating to any general meeting which a member of the association is entitled to receive, and

(b) to require a general meeting of the association to be convened within 21 days of a request to that effect made in writing to the committee of the association.

Textual Amendments

F78 S. 17 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F79 Words in s. 17 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F80 Words added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 12

[F81 18 Exercise of powers under ss. 16 and 17 in relation to registered charities. S

(1) The [F82 Corporation]] may exercise its powers under sections 16 and 17 (removal or appointment of committee member) in relation to an association which is a registered charity only if the association has, at any time before the powers are exercised, received [F83 financial assistance under section 24 of the Local Government Act 1988 or] a grant or loan under—

• [F84 section 50 of the Housing Act 1988 (housing association grants),

• section 51 of that Act (revenue deficit grants)]

• section 41 (housing association grants),

• section 54 or 55 (revenue deficit grants or hostel deficit grants),

• section 58(2) (grants or loans by local authorities),

• section 79 (loans by [F82 Corporation]),

• section 31 of the M5 Housing Act 1974 (management grants), or

• any enactment mentioned in paragraph 2 or 3 of Schedule 1 (pre-1974 grants and certain loans).

(2) Sections 16 and 17 apply in relation to a trustee of such an association as they apply in relation to a committee member.

(3) Before exercising its powers under section 17 (appointment of committee member or trustee) in relation to such an association the Corporation shall consult the Charity Commissioners; . . . F85

Textual Amendments

F81 S. 18 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F82 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

F83 Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 24(5)(a)

F84 Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 13(1)

F85 Words repealed by Housing Act 1988 (c. 50, SIF 61), ss. 59(2)(3)(4), 140(2), Sch. 6 Pt. I para. 13(2), Sch. 18

Marginal Citations

M5 1974 c. 44.

[F86 19 Change of rules under the 1965 Act. S

(1) This section applies to a registered housing association—

• F87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F87 . . .whose registration under this Part has been recorded by the appropriate registrar in accordance with section 5(3).

(2) Notice shall be sent to [F88 Scottish Homes]] of a change of the association’s name or of the situation of its registered office.

(3) Any other amendment of the association’s rules is not valid without [F89 Scottish Homes’] consent, [F90 given,—

• F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F91 . . . by notice in writing.]; and a copy of such consent shall be sent with the copies of the amendment required by section 10(1) of the 1965 Act to be sent to the appropriate registrar.

(4) The 1965 Act applies in relation to the provisions of this section as if they were contained in section 10 of that Act (amendment of registered rules).

Textual Amendments

F86 S. 19 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F87 Words in s. 19(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F88 Words in s. 19(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(13)(a)

F89 Words in s. 19(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(13)(b)

F90 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 14

F91 Words in s. 19(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

[F92 20 Change of objects by certain charities. S

(1) This section applies to a registered housing association—

(a) which is a registered charity and is not a company incorporated under the Companies Act, and

(b) whose registration under this Part has been recorded by the Charity Commissioners in accordance with section 5(3).

(2) No power contained in the provisions establishing the association as a charity, or regulating its purposes and administration, to vary or add to its objects may be exercised without the consent of the Charity Commissioners, and before giving their consent the Charity Commissioners shall consult the [F93 Corporation]].

Textual Amendments

F92 S. 20 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F93 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

[F94 21 Amalgamation and dissolution under the 1965 Act. S

(1) This section applies to a registered housing association—

• . . .

• F95 . . .whose registration under this Part has been recorded by the appropriate registrar in accordance with section 5(3).

(2) The appropriate registrar shall not register a special resolution which is passed for the purposes of—

(a) section 50 of the 1965 Act (amalgamation of societies), or

(b) section 51 of that Act (transfer of engagements between societies),

unless, together with the copy of the resolution, there is sent to him a [F96 copy of Scottish Homes’]] consent to the amalgamation or transfer concerned.

(3) Section 52 of the 1965 Act (power of society to convert itself into, amalgamate with or transfer its engagements to a company registered under the Companies Act) does not apply.

(4) If the association resolves by special resolution that it be wound up voluntarily under the Companies Act, the resolution has no effect unless—

(a) before the resolution was passed [F97 Scottish Homes] gave its consent to its passing, and

(b) a copy of the consent is forwarded to the appropriate registrar together with the copy of the resolution required to be so forwarded in accordance with the Companies Act.

(5) If the association is to be dissolved by instrument of dissolution, the appropriate registrar shall not—

(a) register the instrument in accordance with section 58(5) of the 1965 Act, or

(b) cause notice of the dissolution to be advertised in accordance with section 58(6) of that Act,

unless together with the instrument there is sent to him a copy of [F98 Scottish Homes’] consent to its making.

(6) The references in this section to [F99 Scottish Homes’ consent are][F100 to consent given in writing]

Textual Amendments

F94 S. 21 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F95 Words in s. 21(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. II (with art. 4(2)(3))

F96 Words in s. 21(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(14)(a)

F97 Words in s. 21(4)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(14)(b)

F98 Words in s. 21(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(14)(c)

F99 Words in s. 21(6) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(14)(d)

F100 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 15

F102 22 [[F101 Scottish Homes’]] power to petition for winding up. S

(1) [F103 Scottish Homes] may present a petition for the winding up under the Companies Act of a registered housing association F104 . . .

[F105 (a)] on the ground that the association is failing properly to carry out its purposes or objects [F106 or

(b) on the ground that the association is unable to pay its debts within the meaning of section 518 of the Companies Act 1985.]

F107 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Words in sidenote substituted (1.10.1996) by virtue of S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F102 S. 22 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F103 Words in s. 22(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F104 Words in s. 22(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F105 “(a)” inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 16

F106 “or” and s. 22(1)(b) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 16

F107 S. 22(2) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F108 23 Transfer of net assets on dissolution. S

(1) Where a registered housing association F109 . . .is dissolved under [F110 the 1965 Act]], so much of the property of the association as remains after meeting the claims of its creditors and any other liabilities arising on or before the dissolution shall be transferred—

(a) to [F111 Scottish Homes], or

(b) if [F111 Scottish Homes] so directs, to such registered housing association as may be specified in the direction,

notwithstanding anything in the 1965 Act or in the rules of the association.

(2) In order to avoid the necessity for the sale of land belonging to the association, and thereby secure the transfer of the land under this section, [F111 Scottish Homes] may, if it appears to it appropriate to do so, make payments to discharge such claims or liabilities as are referred to in subsection (1).

F112 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F113 . . . [F111 Scottish Homes] may dispose of property transferred to it by virtue of this section to a registered housing association or to a subsidiary of [F111 Scottish Homes].

(5) Where property transferred to [F114 Scottish Homes]by virtue of this section includes land subject to an existing mortgage or charge (whether in favour of [F114 Scottish Homes]or not), [F114 Scottish Homes] may, in exercise of its powers [F115 under section 2(2)(h) of the Housing (Scotland) Act 1988], dispose of the land either—

(a) subject to that mortgage or charge, or

(b) subject to a new mortgage or charge in favour of [F114 Scottish Homes] securing such amount as appears to [F114 Scottish Homes] to be appropriate in the circumstances.

Textual Amendments

F108 S. 23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F109 Words in s. 23(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F110 Words in s. 23(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(a)

F111 Words in s. 23(1)(2)(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(b)

F112 S. 23(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F113 Words in s. 23(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F114 Words in s. 23(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(c)(i)

F115 Words in s. 23(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(c)(ii)

Accounts and audit E+W+S

[F116 24 General requirements as to accounts and audit. S

(1) The Secretary of State may by order lay down accounting requirements for registered housing associations with a view to ensuring that the accounts of every registered housing association—

(a) are prepared in the requisite form, and

(b) give a true and fair view of the state of affairs of the association, so far as its housing activities are concerned, and of the disposition of funds and assets which are, or at any time have been, in its hands in connection with those activities.

F117 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The accounts of every registered housing association shall comply with the requirements laid down under this section; and the auditor’s report shall state, in addition to any other matters which it is required to state, whether in the auditor’s opinion the accounts do so comply.

(4) Every registered housing association shall furnish to [F118 Scottish Homes]]a copy of its accounts and auditor’s report within six months of the end of the period to which they relate.

(5) An order under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas [F119 or for different descriptions of housing associations or housing activities], and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

and the provisions of such an order shall not apply in relation to a period beginning before the day on which the order comes into force.

[F120 (6) For the purposes of subsection (5)(a), descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.]

Textual Amendments

F116 S. 24 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F117 S. 24(2) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F118 Words in s. 24(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F119 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 17(2)

F120 S. 24(6) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 17(3)

[F121 25 Appointment of auditors by associations registered under the 1965 Act. S

Section 4(1) of the M6 Friendly and Industrial and Provident Societies Act 1968 (obligation to appoint qualified auditors to audit accounts and balance sheet for each year of account) applies to every registered housing association F122 . . ., without regard to the volume of its receipts and payments, the number of its members or the value of its assets.]

Textual Amendments

F121 S. 25 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F122 Words in s. 25 repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

Marginal Citations

M6 1968 c. 55.

26 Accounting requirements for registered housing associations not within the 1965 Act. S

(1) A registered housing association which is a registered charity shall, in respect of its housing activities (and separately from its other activities, if any) be subject to the provisions of Schedule 3 (which impose accounting and audit requirements corresponding to those imposed by the M7 Friendly and Industrial and Provident Societies Act 1968).

(2) But this does not affect any obligation of the charity under [F123 sections 41 to 45 of the Charities Act 1993 (charity accounts)].

Textual Amendments

F123 S. 26 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Marginal Citations

M7 1968 c. 55.

[F124 27 Responsibility for securing compliance with accounting requirements S

(1) Every responsible person, that is to say, every person who—

(a) is directly concerned with the conduct and management of the affairs of a registered housing association, and

(b) is in that capacity responsible for the preparation and audit of accounts,

shall ensure that section 24 (general requirements as to accounts) [F125 is]]complied with by the association.

(2) If—

(a) section 24(4) (furnishing of accounts and auditor’s report) is not complied with, or

(b) the accounts furnished to [F126 Scottish Homes]under that provision do not comply with the accounting requirements laid down under section 24(1), or

F127 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F128 (d) section 55(9) of the Housing Act 1988 is not complied with]

every responsible person, and the association itself, commits a summary offence and is liable on conviction to a fine not exceeding level 3 on the standard scale.

(3) It is a defence—

(a) for a responsible person to prove that he did everything that could reasonably have been expected of him by way of discharging the duty imposed by subsection (1);

(b) for an association to prove that every responsible person did everything that could reasonably have been expected of him by way of discharging the duty imposed by subsection (1) in relation to the association.

F127 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 S. 27 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F125 Words in s. 27(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(16)(a)

F126 Words in s. 27(2)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(16)(b)

F127 S. 27(2)(c)(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. II (with art. 4(2)(3)

F128 S. 27(2)(d) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 18

[F129 [F130 27A Power of [F131 Scottish Homes] to monitor associations. S

(1) If at any time required to do so by [F132 Scottish Homes],—

(a) a registered housing association shall produce to a person authorised in that behalf by [F132 Scottish Homes]such books, accounts and other documents relating to the association’s business as may be specified by [F132 Scottish Homes]; and

(b) any officer, employee or member of the committee of the registered housing association shall provide an explanation of any such books, accounts and other documents.

(2) Where, by virtue of subsection (1), any books, accounts or other documents are produced to a person authorised in that behalf by [F132 Scottish Homes], he may take copies of or make extracts from them.

F133 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F129 S. 27A repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F130 S. 27A inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 182

F131 S. 27A: words in sidenote substituted (1.10.1996) by virtue of S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F132 Words in s. 27A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F133 S. 27A(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

Inquiries into affairs of housing associations E+W+S

[F134 28 Inquiry. S

(1) [F135 Scottish Homes]] may appoint a person (not a person who is, or at any time has been, a member of [F136 Scottish Homes’ staff]) to conduct an inquiry into the affairs of a registered housing association [F137 and, if the appointed person considers it necessary for the purposes of the inquiry, he may also inquire into the business of any other body which, at a time which the appointed person considers material, is or was a subsidiary or associate of the association concerned].

(2) The appointed person may by notice in writing served on—

(a) the association concerned, or

(b) any person who is, or has been, an officer, agent or member of the association [F138 or

(c) any person who is, or has been, an officer, agent or member of a subsidiary or associate of the association; or

(d) any other person whom the appointed person has reason to believe is or may be in possession of information of relevance to the inquiry],

require the association or person to produce to him such books, accounts and other documents relating to [F139 the business of the association or any other such body as is referred to in subsection (1)] and to give him such other information so relating, as he considers necessary for the purposes of the inquiry.

(3) An association or other person who fails without reasonable excuse to comply with the requirements of a notice under subsection (2) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.

[F140 (3A) Where, by virtue of subsection (2), any books, accounts or other documents are produced to the appointed person, he may take copies of or make extracts from them.

(3B) The appointed person may, if he thinks fit during the course of the inquiry, make one or more interim reports to [F141 Scottish Homes] on such matters as appear to him to be appropriate.]

(4) On completion of the inquiry the appointed person shall make a report to [F141 Scottish Homes] on such matters and in such form as [F141 Scottish Homes] may specify.

(5) In this section “agent” includes banker, solicitor and auditor; but nothing in this section requires the disclosure—

(a) by a solicitor, of a privileged communication made to him in his capacity as solicitor, or

(b) by a housing association’s banker, of information as to the affairs of any of their other customers.

[F142 (6) In this section, in relation to a housing association, “subsidiary” means a company with respect to which one of the following conditions is fulfilled,—

(a) the association is a member of the company and controls the composition of the board of directors; or

(b) the association holds more than half in nominal value of the company’s equity share capital; or

(c) the company is a subsidiary, within the meaning of the Companies Act 1985 or the Friendly and Industrial and Provident Societies Act 1968, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the housing association;

and, in the case of a housing association which is a body of trustees, the reference in paragraph (a) or paragraph (b) to the association is a reference to the trustees acting as such and any reference in subsection (7) to the association shall be construed accordingly.

(7) For the purposes of subsection (6)(a), the composition of a company’s board of directors shall be deemed to be controlled by a housing association if, but only if, the association, by the exercise of some power exercisable by the association without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(8) In this section, in relation to a housing association, “associate” means—

(a) any body of which the association is a subsidiary; and

(b) any other subsidiary of such a body,

and in this subsection “subsidiary” has the same meaning as in the Companies Act 1985 or the Friendly and Industrial and Provident Societies Act 1968 or, in the case of a body which is itself a housing association, has the meaning assigned by subsection (6).

(9) In relation to a company which is an industrial and provident society,—

(a) any reference in subsection (6)(a) or subsection (7) to the board of directors is a reference to the committee of management of the society; and

(b) the reference in subsection (7) to the holders of all or a majority of the directorships is a reference to all or a majority of the members of the committee or, if the housing association is itself a member of the committee, such number as together with the association would constitute a majority.]

Textual Amendments

F134 S. 28 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F135 Words in s. 28(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(17)(a)(i)

F136 Words in s. 28(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(17)(a)(ii)

F137 Words added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 19(1)

F138 “or” and s. 28(2)(c)(d) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 19(2)

F139 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 19(2)

F140 S.28(3A)(3B) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 19(3)

F141 Words in s. 28(3B)(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(17)(b)

F142 S. 28(6)–(9) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 19(4)

[F143 29 Extraordinary audit for purposes of inquiry. S

(1) For the purposes of an inquiry under section 28 [F144 into the affairs of a registered housing association]][F145 Scottish Homes] may require the accounts and balance sheet of the association concerned, or such of them as [F145 Scottish Homes]may specify, to be audited by a qualified auditor appointed by [F145 Scottish Homes].

(2) A person is a qualified auditor for this purpose if he is under section 7(1) of the M8 Friendly and Industrial and Provident Societies Act 1968 a qualified auditor for the purposes of that Act, or is under section 7(2) of that Act a qualified auditor in relation to the association concerned.

(3) On completion of the audit the appointed auditor shall make a report to [F145 Scottish Homes] on such matters and in such form as [F145 Scottish Homes]may specify.

(4) The expenses of the audit, including the remuneration of the auditor, shall be paid by [F145 Scottish Homes].

(5) An audit under this section is additional to, and does not affect, any audit made or to be made under any other enactment.

Textual Amendments

F143 S. 29 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F144 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 20

F145 Words in s. 29(1)(3)(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

Marginal Citations

M8 1968 c. 55.

[F146 30 General powers exercisable as a result of inquiry or audit. S

(1) Where [F147 Scottish Homes]]is satisfied, as the result of an inquiry under section 28 or an audit under section 29, that there has been misconduct or mismanagement in the affairs of a registered housing association, it may—

(a) by order remove any member of the committee of the association, or any officer, agent or employee of the association, who has been responsible for or privy to the misconduct or mismanagement or has by his conduct contributed to it or facilitated it;

(b) by order suspend such a person for up to six months, pending determination whether he should be removed;

(c) order any bank or other person who holds money or securities on behalf of the association not to part with the money or securities without the approval of [F147 Scottish Homes];

(d) by order restrict the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the association without the approval of [F147 Scottish Homes].

[F148 (1A) If at any time the appointed person makes an interim report under section 28(3B) and, as a result of that interim report, [F147 Scottish Homes] is satisfied that there has been misconduct or mismanagement as mentioned in subsection (1),—

(a) [F147 Scottish Homes] may at that time exercise any of the powers conferred by paragraphs (b) to (d) of that subsection; and

(b) in relation to the exercise at that time of the power conferred by subsection (1)(b), the reference therein to a period of six months shall be construed as a reference to a period beginning at that time and ending six months after the date of the report under section 28(4).]

(2) Before making an order under subsection (1)(a) [F147 Scottish Homes]shall give at least 14 days’ notice of its intention to do so—

(a) to the person it intends to remove, and

(b) to the association concerned.

(3) Notice under subsection (2) may be given by post, and if so given to the person whom [F147 Scottish Homes]intends to remove may be addressed to his last known address in the United Kingdom.

(4) A person who is ordered to be removed under subsection (1)(a) or suspended under subsection (1)(b) may appeal against the [F149 order,—

• F150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F150 . . .to the Court of Session.]

(5) Where a person is suspended under subsection (1)(b), [F147 Scottish Homes] may give directions with respect to the performance of his functions and otherwise as to matters arising from the suspension.

(6) A person who contravenes an order under subsection (1)(c) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or both F151 . . ..

Textual Amendments

F146 S. 30 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F147 Words in s. 30(1)-(3)(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(18)

F148 S. 30(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 21(1)

F149 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 21(2)

F150 Words in s. 30(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F151 Words in s. 30(6) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

[F152 31 Exercise of powers under ss. 28 to 30 in relation to registered charities. S

(1) The [F153 Corporation]] may exercise its powers under sections 28 to 30 (inquiry, audit, &c.) in relation to an association which is a registered charity only if the association has, at any time before the powers are exercised, received [F154 financial assistance under section 24 of the Local Government Act or] a grant or loan under—

• [F155 section 50 of the Housing Act 1988 (housing association grants),

• section 51 of that Act (revenue deficit grants)]

• section 41 (housing association grants),

• section 54 or 55 (revenue deficit grants or hostel deficit grants),

• section 58(2) (grants or loans by local authorities),

• section 79 (loans by [F153 Corporation]),

• section 31 of the M9 Housing Act 1974 (management grants), or

• any enactments mentioned in paragraph 2 or 3 of Schedule 1 (pre-1974 grants and certain loans).

(2) In relation to such an association sections 28 to 30 have effect with the following adaptations—

(a) references to an officer, agent or member, or to a member of the committee, include a trustee of the association;

(b) references to the association’s business are confined to its housing activities [F156 and such other activities (if any) of the association as are incidental to or connected with its housing activities];

(c) references to the association’s accounts do not include revenue accounts which do not relate to its housing activities, except so far as such accounts are necessary for the auditing of revenue accounts which do so relate or of the association’s balance sheet;

(d) a person is a qualified auditor for the purposes of section 29 (extraordinary audit) only if he is an auditor qualified for the purposes of paragraph 3 of Schedule 3.

(3) In relation to such an association the powers conferred on the Corporation by—

• section 28(1) (appointment of person to inquire into association’s affairs), and

• section 30(1)(a) and (b) (removal of person in connection with misconduct or mismanagement and suspension with a view to removal),

are exercisable only after consultation with the Charity Commissioners.

Textual Amendments

F152 S. 31 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F153 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

F154 Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 24(5)(a)

F155 Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 22(1)

F156 Words added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 22(2)

Marginal Citations

M9 1974 c. 44.

F158 32 [ Power to direct transfer of land to another housing association or [F157 Scottish Homes]]. S

(1) Where, as the result of an inquiry under section 28 or an audit under section 29, [F159 Scottish Homes] is satisfied as regards a registered housing association F160 . . .—

(a) that there has been misconduct or mismanagement in the administration of the association, or

(b) that the management of the land belonging to the association would be improved if the land belonging to the association were transferred in accordance with the provisions of this section,

[F159 Scottish Homes] may, with the consent of the Secretary of State, direct the association to make such a transfer.

F161 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F162 . . . [F159 Scottish Homes] may direct a transfer to be made to [F159 Scottish Homes] or to another registered housing association.

(4) A transfer in pursuance of a direction under this section shall be made on the terms that the transferee will pay or undertake to pay to the association concerned such sum (if any) as will be necessary to defray all its proper debts and liabilities (including debts and liabilities secured on the land) after taking into account any money or other assets belonging to the association.

(5) If it appears to [F159 Scottish Homes] likely that the association concerned will as a result of the transfer be dissolved under the 1965 Act, [F159 Scottish Homes] shall secure that the costs of the dissolution are taken into account in determining the sum payable to the association under subsection (4).

Textual Amendments

F157 S. 32: words in sidenote substituted (1.10.1996) by virtue of S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F158 S. 32 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F159 Words in s. 32(1)-(3)(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F160 Words in s. 32(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F161 S. 32(2) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F162 Words in s. 32(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

Miscellaneous E+W+S

[F163 33 Recognition of central association. S

(1) The Secretary of State may, if he thinks fit, recognise for the purposes of this section a central association or other body established for the purposes of promoting the formation and extension of housing associations [F164 in Great Britain or in any part of Great Britain]] and of giving them advice and assistance.

(2) The Secretary of State may make a grant in aid of the expenses of the association or body of such amount as he may, with the approval of the Treasury, determine.

Textual Amendments

F163 S. 33 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F164 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 23

[F165 33A Provision of services between the Corporations. E+W+S

Any of the [F166 following [F167 , that is to say, the Housing Corporation, the Secretary of State] or Scottish Homes,]may enter into an agreement with the others or either of them for the provision of services of any description by the one to the other or others on such terms, as to payment or otherwise, as the parties to the agreement consider appropriate.]

Textual Amendments

F165 S. 33A inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 24

F166 Words in s. 33A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(19)

F167 Words in s. 33A substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 26 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

34 Provision of land by county councils. E+W

(1) Where a housing association wishes to erect houses [F168 in England]which in the opinion of the Secretary of State are required and the local housing authority in whose district the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing it to the association, the county council, on the application of the association, may acquire land for that purpose.

(2) For that purpose the county council may exercise all the powers of a local housing authority under Part II of the M10 Housing Act 1985 (provision of housing) in regard to the acquisition and disposal of land; and the provisions of that Act as to the acquisition of land by local housing authorities for the purposes of that Part apply accordingly.

Textual Amendments

F168 Words in s. 34(1) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 6(1) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Marginal Citations

M10 1985 c. 68.

35 Housing trusts: power to transfer housing to local housing authority. E+W

(1) A housing trust may—

(a) sell or lease to the local housing authority the houses provided by the trust, or

(b) make over to the authority the management of the houses.

(2) So far as subsection (1) confers power to dispose of land—

[F169 (a) it does not apply to registered social landlords (on whom power to dispose of land is conferred by section 8 of the Housing Act 1996);.]

(b) it has effect subject to section 9 (dispositions requiring consent of [F170 Corporation]) where the housing trust is an unregistered housing association and the land is grant-aided land (as defined in Schedule 1); and

(c) it has effect subject to [F171 [F172 section 36 of the Charities Act 1993] (restrictions on dispositions of charity land)] where the housing trust is a charity.

Textual Amendments

F169 S. 35(2)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(20)

F170 Word substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

F171 Words in s. 35(2)(c) substituted (1.1.1993) by Charities Act 1992 (c. 41), s. 78(2), Sch. 6 para. 13(3); S.I. 1992/1900, art. 2 Sch. 3.

F172 Words in s. 35(2)(c) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(4).

36 Housing trusts: functions of Secretary of State with respect to legal proceedings. E+W+S

(1) If it appears to the Secretary of State—

(a) that the institution of legal proceedings is requisite or desirable with respect to any property belonging to a housing trust, or

(b) that the expediting of any such legal proceedings is requisite or desirable,

he may certify the case to the Attorney-General who may institute legal proceedings or intervene in legal proceedings already instituted in such manner as he thinks proper in the circumstances.

(2) Before preparing a scheme with reference to property belonging to a housing trust, the court or body which is responsible for making the scheme shall communicate with the Secretary of State and consider any recommendations made by him with reference to the proposed scheme.

[F173 F175 36A [F173 Issue of guidance by [F174 Scottish Homes]]. S

(1) In accordance with the provisions of this section, [F176 Scottish Homes] may issue guidance with respect to the management of housing accommodation by registered housing associations and, in considering under the preceding provisions of this Part whether action needs to be taken to secure the proper management of an association’s affairs or whether there has been mismanagement, [F176 Scottish Homes]may have regard (among other matters) to the extent to which any such guidance is being or has been followed.

(2) Guidance issued under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered housing associations.

(3) Without prejudice to the generality of subsections (1) and (2), guidance issued under this section may relate to—

(a) the housing demands for which provision should be made and the means of meeting those demands;

(b) the allocation of housing accommodation between individuals;

(c) the terms of tenancies and the principles upon which the levels of rent should be determined;

(d) standards of maintenance and repair and the means of achieving these standards; and

(e) consultation and communication with tenants.

(4) Guidance issued under this section may be revised or withdrawn but, before issuing or revising any guidance under this section, [F176 Scottish Homes]—

(a) shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and

(b) shall submit a draft of the proposed guidance or, as the case may be, the proposed revision to the Secretary of State for his approval.

(5) If the Secretary of State gives his approval to a draft submitted to him under subsection (4)(b), [F176 Scottish Homes] shall issue the guidance or, as the case may be, the revision concerned in such manner as [F176 Scottish Homes]considers appropriate for bringing it to the notice of the housing associations concerned.]

Textual Amendments

F173 S. 36A inserted by Housing Act 1988 (c. 50, SIF 61), s. 49

F174 S. 36A: words in sidenote substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F175 S. 36A repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F176 Words in s. 36A(1)(4)(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

Supplementary E+W+S

[F177 37 Definitions relating to the 1965 Act and societies registered under it. S

In this Part “the 1965 Act” means the M11 Industrial and Provident Societies Act 1965, and in relation to a society registered under that Act—

• “appropriate registrar” has the same meaning as in that Act (where it is defined in section 73(1)(c) by reference to the situation of the society’s registered office);

• “committee” means the committee of management or other directing body of the society;

• “co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not;

• “dissolved under the 1965 Act” means dissolved either as mentioned in section 55(a) of that Act (winding up under the Companies Act) or as mentioned in section 55(b) of that Act (instrument of dissolution).]

Textual Amendments

F177 S. 37 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

Marginal Citations

M11 1965 c. 12.

38 Definitions relating to charities. E+W

In this Part—

(a) “charity” has the same meaning as in [F178 the Charities Act 1993]; and

F179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178 Words in s. 38(a)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(5)(a)(b).

F179 S. 38(b) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

39 Minor definitions. E+W+S

In this Part—

• [F180 “assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;

• “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.]

• [F181 “mental disorder” has the same meaning as in [F182 the M12 Mental Health Act 1983 or] the M13 Mental Health (Scotland) Act 1984;]

• “secure tenancy” has the same meaning as in section 79 of the M14 Housing Act 1985 or [F183 44 of the Housing (Scotland) Act 1987];

• F184 . . .

Textual Amendments

F180 Definitions inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 25

F181 S. 39: definition of “mental disorder”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F182 S. 39: words in definition of “mental disorder”repealed (S.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F183 S. 39: by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(3) it is provided that in the definition of “secure tenancy” for the words “10 of the Tenants'; Rights, Etc. (Scotland) Act 1980” there shall be substituted (S.) the words “44 of the Housing (Scotland) Act 1987” and by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 8 it is provided that in s. 39, in the definition of “secure tenancy” for the words “section 10 of the Tenants'; Rights Etc. (Scotland) Act 1980” there shall be substituted the words “44 of the Housing (Scotland) Act 1987”

F184 S. 39: definition repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Gp. 2.

Marginal Citations

M12 1983 c. 20.

M13 1984 c. 36.

M14 1985 c. 68.

40 Index of defined expressions: Part I. E+W+S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section or paragraph):—

[F185 appropriate registrar (in relation to a society registered under the 1965 Act).	section 37]
[F186 assured agricultural occupancy]	[F186 section 39]
[F186 assured tenancy]	[F186 section 39]
[F185 bank	section 106]
charge (in relation to Scotland)	section 106
charity	section 38(a)
[F185 committee (in relation to a society registered under the 1965 Act)	section 37]
[F185 compulsory disposal (in Schedule 2)	paragraph 6 of that Schedule]
co-operative housing association	section 1(2)
[F185 co-opted member (in relation to the committee of a society registered under the 1965 Act)	section 37]
[F185 the Companies Act	section 106]
F187 . . .	F187 . . .
[F185 dissolved under the 1965 Act (in relation to a society registered under that Act)	section 37]
district (of a local housing authority)	section 104(2)
[F185 dwelling	section 106]
[F185 eligible for registration (in relation to a housing association)	section 4]
[F185 exempted disposal (in Schedule 2)	paragraph 5 of that Schedule]
[F185 friendly society	section 106]
fully mutual (in relation to a housing association)	section 1(2)
[F185 hostel	section 106]
house	section 106
[F185 housing activities	section 106]
housing association	section 1(1)
. . . F188	. . . F188
housing trust	section 2
[F185 insurance company	section 106]
local housing authority	section 104
[F185 member of family	section 105]
[F185 mental disorder	section 39]
mortgage (in relation to Scotland)	section 106
[F185 the 1965 Act	section 37]
[F185 register, registered, registration and unregistered (in relation to a housing association)	section [F189 3]]
[F185 registered charity	section 38(b)]
[F190 registered social landlord	section 2B]
[F185 relevant disposal (in Schedule 2)	paragraph 4 of that Schedule]
. . . F188	. . . F188
secure tenancy	section 39
[F185 shared ownership lease	section 106]
[F191 shared ownership agreement (in relation to Scotland)]	[F191 section 106]
[F185 standard scale	section 39]
[F185 trustee savings bank	section 106]
[F192 unregistered (in relation to a housing association)	section 2B]

Textual Amendments

F185 S. 40: entries repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F186 Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 26(a)

F187 S. 40: definition of “the Corporation”repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))

F188 Entry repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F189 Figure substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 26(c)

F190 S. 40: entry inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 21(a)

F191 Entry inserted (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(4)

F192 S. 40: entry inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 21(b)

Part II E+W+S Housing Association Finance

Modifications etc. (not altering text)

C5 Pt. II (ss. 41–73) excluded (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 199, 335, Sch. 12 para. 1(7)

C6 Pt. II (ss. 41–73): power to apply certain functions conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(b)(4)

41—51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193 E+W+S

Textual Amendments

F193 Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194 E+W+S

Textual Amendments

F194 S. 52 repealed (with a saving in S.I. 1989/404, art. 3(a) ) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18, and as to s. 52(3) repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3, and s. 52(4) repealed by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 1(e), 2, Sch.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F195 E+W+S

Textual Amendments

F195 S. 53 repealed (with a saving in S.I. 1989/404, art. 3(b) ) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

Deficit grants E+W+S

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196 E+W+S

Textual Amendments

F196 S. 54 repealed (with a saving in S.I. 1989/404, art. 3(c) ) by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18

F197 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F197 Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts,2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

56 F198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F198 Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts.2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

57 F199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F199 Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts.2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

Arrangements with local authorities E+W+S

[F200 58 Powers of local authorities to promote and assist housing associations: England and Wales. E+W+S

(1) A local authority may promote the formation or extension of a housing association.

(2) A local authority may for the assistance of a housing association subscribe for share or loan capital of the association.

(3) A local authority may make a loan to an unregistered self-build society for the purpose of enabling it to meet the whole or part of the expenditure incurred, or to be incurred by it, in carrying out its objects.

(4) This section does not apply where the housing association is a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996)..]

Textual Amendments

F200 S. 58 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(22)

Modifications etc. (not altering text)

C7 S. 58 excluded (1.10.1996) by 1985 c. 69, s. 58(4) (as substituted by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(22))

59 Powers of local authorities to promote and assist housing associations: Scotland. S

(1) A local authority F201 . . . may promote the formation or extension of or, subject to section 60 (assistance restricted to registered housing associations), assist a housing association whose objects include the erection, improvement or management of housing accommodation.

(2) A local authority F201 . . . may, with the consent of and subject to any regulations or conditions made or imposed by the Secretary of State, for the assistance of such an association—

(a) make grants or loans to the association,

(b) subscribe for share or loan capital of the association, or

(c) guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the association (including money borrowed by the issue of loan capital) or of interest on share capital issued by the association,

on such terms and conditions as to rate of interest and repayment or otherwise and on such security as the local authority F201 . . . think fit.

(3) A term of an agreement for such a grant or loan is void if it purports to relate to the rent payable in respect of a house to which the agreement relates or the contributions payable towards the cost of maintaining such a house.

(4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F202 (5) Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.]

Textual Amendments

F201 Words in s. 59(1)(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 143(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F202 S. 59(5) added by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(7)

[F203 60 Certain assistance restricted to registered housing associations. S

(1) Subject to the following provisions of this section, grants, loans and guarantees may be made or given under sections 58(2)(a) and (c) and 59(2)(a) and (c) only if the association is at the time the grant or loan is made, or the guarantee is given, a registered housing association.

(2) Subsection (1) does not apply in relation to the making of a loan to an unregistered self-build society for the purpose of enabling it to meet the whole or part of the expenditure incurred, or to be incurred, by it in carrying out its objects.

(3) Nothing in subsection (1) prevents the making of a loan to an unregistered association for the assistance of the association—

(a) in connection with works required to be carried out in pursuance of, or the acquisition of an estate or interest in a dwelling or other building for the purposes of, arrangements under section 121 of the M15 Housing Act 1957 or section 155 of the M16 Housing (Scotland) Act 1966 (arrangements with local authorities for the improvement of housing) which were approved by the Secretary of State before 1st April 1975;

(b) in connection with dwellings which were relevant dwellings for the purposes of section 73 of the M17 Housing Finance Act 1972 (certain dwellings approved for purposes of subsidy before 10th August 1972);

(c) in connection with the provision of works which are relevant works, approved for subsidy, within the meaning of section 53 of the M18 Housing (Financial Provisions) (Scotland) Act 1972;

(d) in connection with a building scheme within the meaning of section 75 of the Housing Finance Act 1972 (new building subsidy) which was approved by the Secretary of State for the purposes of that section before 1st April 1975;

(e) in connection with a building scheme or improvement scheme, within the meaning of sections 55 and 57 of the Housing (Financial Provisions) (Scotland) Act 1972 which was approved by the Secretary of State for the purposes of those sections before 1st April 1975.]

Textual Amendments

F203 S. 60 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

Marginal Citations

M15 1957 c. 56.

M16 1966 c. 49.

M17 1972 c. 47.

M18 1972 c. 46.

61 Power of local housing authority to supply furniture to housing association tenants. E+W+S

(1) A local housing authority may sell, or supply under a hire-purchase agreement, furniture to the occupants of houses provided by a housing association under arrangements made with the authority, and may buy furniture for this purpose.

(2) In this section “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M19 Consumer Credit Act 1974.

[F204 (3) This section does not apply where the housing association is a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).]

Textual Amendments

F204 S. 61(3) inserted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(23)

Marginal Citations

M19 1974 c. 39.

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F205 E+W+S

Textual Amendments

F205 S. 62 repealed (with saving) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18: S.I. 1989/404, art. 3(d))

63—66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206 E+W+S

Textual Amendments

F206 Ss. 63–66 repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 119(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I (and s. 64(4) is also expressed to be repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XIV Gp. 2).

Loans by Public Works Loan Commissioners E+W+S

F207 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F207 S. 67 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

68 Loans by Public Works Loan Commissioners: Scotland. E+W+S

(1) The Public Works Loan Commissioners may lend money to a [F208 registered housing association]—

(a) for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses,

(b) for the purchase of houses, and

(c) for the purchase and development of land.

(2) A loan for any of those purposes shall be secured with interest by a heritable security over—

(a) the land in respect of which that purpose is to be carried out, and

(b) such other land, if any, as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of and interest on the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in the land proposed to be burdened.

(3) Loans may be made by instalments as the building of houses or other work on the land burdened under subsection (2) progresses (so, however, that the total loans do not at any time exceed the amount specified in that subsection); and the heritable security may be granted accordingly to secure such loans so to be made.

(4) If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loan Commissioners shall require, in addition to such a heritable security as is mentioned in that subsection, such further security as they may think fit.

(5) Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on the security of any land unless the estate or interest proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan.

(6) Where a loan under this section is made for the purposes of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on heritable security over a lease recorded under the M20 Registration of Leases (Scotland) Act 1857 of which a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan.

Textual Amendments

F208 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 13(b)

Marginal Citations

M20 1857 c. 26.

Miscellaneous E+W+S

69 Power to vary or terminate certain agreements with housing associations. E+W+S

(1) This section applies to agreements of the following descriptions—

(a) an agreement for a loan to a housing association by the Housing Corporation under section 2 of the M21 Housing Act 1964 [F209 (including such an agreement under which rights and obligations have been transferred to Housing for Wales)][F210 and then to the Secretary of State];

(b) an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);

(c) an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);

(d) an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);

[F211 (e) an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);]

(f) a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).

[F212 [F213 (g) an agreement for a loan or grant to a registered housing association under section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).]]

(2) [F214 If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he] may, if he thinks fit, direct—

(a) that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or

(b) that the agreement shall be terminated.

[F215 and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated.]

[F216 (2A) In the case of an agreement under which rights and obligations have been transferred to Housing for Wales [F217 and then to the Secretary of State], the reference to a party to the agreement includes a reference to [F218 the Secretary of State].]

(3) No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—

(a) limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or

(b) specifying a limit which the rent of a dwelling is not to exceed.

This subsection does not extend to Scotland.

(4) No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house.

This subsection extends to Scotland only.

Textual Amendments

F209 Words added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(b), Sch. 6 Pt. II para. 28(1)

F210 Words in s. 69(1)(a) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F211 S. 69(1)(e) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 55(1), 227, Sch. 3 para. 4, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F212 S. 69(1)(g) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 55(1), 227, Sch. 3 para. 4, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F213 S. 69(1)(g) inserted by Local Government Act 1988 (c. 9, SIF 81:1), s. 24(5)(c)

F214 Words in s. 69(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(3)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F215 Words in s. 69(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F216 S. 69(2A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(b), Sch. 6 Pt. II para. 28(2)

F217 Words in s. 69(2A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(4)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F218 Words in s. 69(2A) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(4)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M21 1964 c. 56.

[F219 69A Land subject to housing management agreement. E+W+S

A housing association is not entitled to a [F220 grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988] in respect of land comprised in—

(a) a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities), or

(b) an agreement to which section [F221 22 of the Housing (Scotland) Act 1987] applies (agreements for exercise by housing co-operatives of certain local authority housing functions).]

Textual Amendments

F219 S. 69A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 42

F220 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. II para. 29 (which substitution has a saving in S.I. 1989/404, arts. 3(c)(ii), 4)

F221 Words “22 of the Housing (Scotland) Act 1987” substituted (S.) for “5 of the Housing Rents and Subsidies (Scotland) Act 1975” by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(8)

70 Continuation of arrangements under repealed enactments. E+W+S

The provisions of Schedule 4 have effect in relation to certain arrangements affecting housing associations which continue in force despite the repeal of the enactments under or by reference to which they were made, as follows—

• Part I —Arrangements with local authorities for the provision or improvement of housing.

• Part II —Subsidy agreements with local authorities.

• Part III —Special arrangements with the Secretary of State in Scotland.

71 Superseded contributions, subsidies and grants. E+W+S

The provisions of Schedule 5 have effect with respect to superseded subsidies, contributions and grants, as follows—

• Part I —Residual subsidies: England and Wales.

• Part II —Residual subsidies: Scotland.

• Part III—Contributions and grants under arrangements with local authorities.

• Part IV—Contributions under arrangements with the Secretary of State in Scotland.

• Part V —Schemes for the unification of grant conditions.

• Part VI—New building subsidy and improvement subsidy.

• Part VII—Payments in respect of hostels under pre-1974 enactments.

Supplementary provisions E+W+S

[F222 72 Minor definitions. S

In this Part—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

• “registered charity” has the same meaning as in Part I.]

Textual Amendments

F222 S. 72 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F223 Definitions repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

73 Index of defined expressions: Part II. E+W+S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section);—

. . . F224	. . . F224
. . . F225	. . . F225
. . . F225	. . . F225
co-operative housing association	section 1(2)
dwelling	section 106
[F226 fully mutual (in relation to a housing association)]	[F226 section 1(2)]
[F226 heritable security]	[F226 section 106]
hostel	section 106
. . . F227	. . . F227
house	section 106
[F226 housing activities]	[F226 section 106]
housing association	section 1(1)
. . . F227	. . . F227
. . . F227	. . . F227
local authority	section 106
local housing authority	section 104
. . . F228	. . . F228
F229 . . .	. . .
[F226 registered charity]	[F226 section 72]
[F230 registered housing association	section 2B]
[F231 registered social landlord	section 2B]
. . . F224	. . . F224
self-build society	section 1(3)
. . . F232	. . . F232
. . . F224	. . . F224
[F233 unregistered (in relation to a housing association)	section 2B]

Textual Amendments

F224 Entry repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F225 Entries repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

F226 S. 73: definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F227 Entries repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F228 Entry repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

F229 S. 73: definition repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with savings in art. 4(2)(3))

F230 S. 73: definition inserted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(a)

F231 S. 73: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(b)

F232 By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 8(2) an entry relating to shared ownership agreement was inserted in s. 73 at the appropriate place and by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18 that entry was repealed

F233 S. 73: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(c)

Part III E+W+S The Housing Corporation

Modifications etc. (not altering text)

C8 Pt. III (ss. 74-102) excluded (E.W.) (1.10.1996) by 1996 c. 52, s. 7, Sch. 1 para. 15(6); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Constitution and other general matters E+W+S

74 The Housing Corporation. E+W

(1) This Part has effect with respect to the Housing Corporation [F234 and the Secretary of State

(1A) Each of them] is referred to in this part as “the [F235 Relevant Authority]”.

(2) The provisions of Schedule 6 have effect with respect to the constitution and proceedings of, and other matters relating to, [F236 the Housing Corporation].

[F237 (3) The functions conferred by this Part in relation to registered social landlords are exercisable by the [F235 Relevant Authority] in whose register they are registered.

As to which [F235 Relevant Authority] that is, see section 56 of the Housing Act 1996.]

[F238 (4) In this Part,—

(a) in relation to land in Wales held by an unregistered housing association, “the [F235 Relevant Authority]” means [F239 the Secretary of State]; and

(b) in relation to land outside Wales held by such an association, “the [F235 Relevant Authority]” means the Housing Corporation.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F234 Words in s. 74(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 29(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F235 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F236 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(2)

F237 S. 74(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(25)

F238 S. 74(4) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(3)

F239 Words in s. 74(4)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 29(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

75 General functions of the [F240 Relevant Authority]. E+W

(1) The [F240 Relevant Authority] has the following general functions—

[F241 (a) to facilitate the proper performance of the functions of registered social landlords;

(b) to maintain a register of social landlords and to exercise supervision and control over such persons;

(c) to promote and assist the development of self-build societies (other than registered social landlords) and to facilitate the proper performance of the functions, and to publicise the aims and principles, of such societies;]

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F242

(e) to undertake, to such extent as the [F240 Relevant Authority] considers necessary, the provision (by construction, acquisition, conversion, improvement or otherwise) of dwellings for letting or for sale and of hostels, and the management of dwellings or hostels so provided.

[F243 (f) to provide on request, to such extent as the Relevant Authority considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the Commission’s functions under Part I of the Local Government Act 1999 (best value).]

(2) The [F240 Relevant Authority] shall exercise its general functions subject to and in accordance with the provisions of this Act [F244 and Part I of the Housing Act 1996].

(3) Subsection (1) is without prejudice to specific functions conferred on the [F240 Relevant Authority]by or under this Act [F245 or Part I of the Housing Act 1996].

(4) The [F240 Relevant Authority] may do such things and enter into such transactions as are incidental to or conducive to the exercise of any of its functions, general or specific, under this Act [F245 or Part I of the Housing Act 1996].

[F246 (5) Section 71 of the Race Relations Act 1976 (local authorities: general statutory duty) shall apply to the [F247 Housing Corporation] as it applies to a local authority.]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F240 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F241 S. 75(1)(a)-(c) substituted (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 5; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F242 Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F243 S. 75(1)(f) inserted (27.9.1999 for E. for certain purposes and 1.10.1999 for W. otherwise 27.7.2000) by 1999 c. 27, ss. 22(7), 27(2); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F244 Words in s. 75(2) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(a)

F245 Words in s. 75(3)(4) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(b)

F246 S. 75(5) added by Housing Act 1988 (c. 50, SIF 61), s. 56

F247 Words in s. 75(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 30 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

75 General functions of the [F361 Relevant Authority]. S

(1) The [F361 Relevant Authority] has the following general functions—

(a) to promote and assist the development of registered housing associations and unregistered self-build societies;

(b) to facilitate the proper performance of the functions, and to publicise the aims and principles, of registered housing associations and unregistered self-build societies;

(c) to maintain [F362 the register of housing associations referred to in section 3] and to exercise supervision and control over registered housing associations;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F363

(e) to undertake, to such extent as the [F361 Relevant Authority] considers necessary, the provision (by construction, acquisition, conversion, improvement or otherwise) of dwellings for letting or for sale and of hostels, and the management of dwellings or hostels so provided.

(2) The [F361 Relevant Authority] shall exercise its general functions subject to and in accordance with the provisions of this Act.

(3) Subsection (1) is without prejudice to specific functions conferred on the [Relevant Authority] by or under this Act.

(4) The [F361 Relevant Authority] may do such things and enter into such transactions as are incidental to or conducive to the exercise of any of its functions, general or specific, under this Act.

[F364 (5) Section 71 of the Race Relations Act 1976 (local authorities: general statutory duty) shall apply to the [F365 Housing Corporation] as it applies to a local authority.]

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F361 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F362 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 32

F363 Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F364 S. 75(5) added by Housing Act 1988 (c. 50, SIF 61), s. 56

F365 Words in s. 75(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 30 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

76 Directions by the Secretary of State. E+W+S

(1) The Secretary of State may give directions to the [F248 Housing Corporation] as to the exercise of its functions.

(2) A direction as to the terms of loans made under section 79 (lending powers of [F248 Housing Corporation]) requires the consent of the Treasury.

(3) Directions may be of a general or particular character and may be varied or revoked by subsequent directions.

(4) Non-compliance with a direction does not invalidate a transaction between a person and the [F248 Housing Corporation] unless the person had actual notice of the direction.

Textual Amendments

F248 Words in s. 76(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 31 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

[F249 76A Realisation of value of [F250 Housing Corporation’s] loans portfolio. E+W

(1) The [F251 Housing Corporation] may, and if so directed by the Secretary of State (under section 76) shall, enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.

(2) The arrangements may provide for—

(a) the transfer of any estate or interest of the [F251 Housing Corporation], or

(b) the creation or disposal of economic interests not involving a transfer of an estate or interest,

and may extend to such incidental or ancillary matters as the [F251 Housing Corporation] or the Secretary of State considers appropriate.

(3) In this section the [F250 Housing Corporation’s]“loans portfolio” means the [F250 Housing Corporation’s] rights and obligations in relation to any loans or related securities.

(4) Nothing in the terms of any loan or related transaction entered into by the [F251 Housing Corporation] shall be construed as impliedly prohibiting or restricting the [F251 Housing Corporation] from dealing with its loans portfolio in accordance with arrangements under this section.]

Textual Amendments

F249 S. 76A inserted (E.W.) (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 6; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F250 Words in s. 76A heading substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 32(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F251 Words in s. 76A(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 32(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

77 Advisory service. E+W+S

(1) The [F252 Relevant Authority] may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to [F253 registered social landlords or unregistered housing associations] and to persons who are forming a housing association or are interested in the possibility of doing so.

(2) The [F252 Relevant Authority] may make charges for the service.

[F254 (3) The powers conferred on the [F252 Relevant Authority] by subsections (1) and (2) may be exercised by the Housing Corporation and [F255 the Secretary of State] acting jointly]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F252 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F253 Words in s. 77(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(27)

F254 S. 77(3) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 33

F255 Words in s. 77(3) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 33 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

78 Annual report. E+W+S

(1) The [F256 Housing Corporation] shall, as soon as possible after the end of each financial year, make a report to the Secretary of State on the exercise of its functions during the year.

(2) It shall include in the report a copy of its audited accounts and shall set out in the report any directions given to it by the Secretary of State during the year.

(3) The Secretary of State shall lay a copy of the report before each House of Parliament.

Textual Amendments

F256 Words in s. 78(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 34 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C9 S. 78(1)(2) modified (1.11.1998) by 1998 c. 38, s. 142(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

C10 S. 78(3) applied (1.11.1998) by 1998 c. 38, s. 142(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

[F257 Relevant Authority’s] powers with respect to grants and loans E+W+S

Textual Amendments

F257 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

79 Lending powers. E+W+S

[F258 (1) The Relevant Authority may lend to a registered social landlord or an unregistered self-build society, and the Housing Corporation may lend to any of its subsidiaries or to any other body in which it holds an interest, for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects.

(2) The Relevant Authority may lend to an individual for the purpose of enabling him to acquire from—

(a) the Relevant Authority, or

(b) any body to which the Relevant Authority may lend under subsection (1),

a legal estate or interest in a dwelling which he intends to occupy.]

(3) A loan under this section may be by way of temporary loan or otherwise, and the terms of a loan made under subsection (1) may include (though the terms of a loan made under subsection (2) may not) terms for preventing repayment of the loan or part of it before a specified date without the consent of the [F259 Relevant Authority].

(4) The terms of a loan under this section shall, subject to subsection (3) and [F260 (in the case of a loan by the Housing Corporation)]to any direction under section 76 (general power of Secretary of State to give directions), be such as the [F259 Relevant Authority] may determine, either generally or in a particular case.

Textual Amendments

F258 S. 79(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 35(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F259 Words in Pt. III (ss 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F260 Words in s. 79(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 35(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

80 Security for loans to unregistered self-build societies. E+W+S

(1) Where the [F261 Relevant Authority]—

(a) makes a loan to an unregistered self-build society under section 79(1); and

(b) under a mortgage or heritable security entered into by the society to secure the loan has an interest as mortgagee or creditor in land belonging to the society,

it may F262 . . . give the society directions with respect to the disposal of the land.

(2) The society shall comply with directions so given so long as the [F261 Relevant Authority] continues to have such an interest in the land.

(3) Directions so given may be varied or revoked by subsequent directions F263 . . ..

[F264 (3A) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.]

(4) The Secretary of State shall not [F265 give directions under this section requiring a society to transfer its interest in land to him or any other person, and shall not consent to the Housing Corporation’s giving such directions requiring a society to transfer its interest in land to the Housing Corporation or] any other person, unless he is satisfied that arrangements have been made which will secure that the members of the society receive fair treatment in connection with the transfer.

Textual Amendments

F261 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F262 Words in s. 80(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 36(2), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F263 Words in s. 80(3) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 36(3), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F264 S. 80(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 36(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F265 Words in s. 80(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 36(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

81 Further advances in case of disposal on shared ownership lease. E+W

Where—

(a) a lease of a dwelling, granted otherwise than in pursuance of the provisions of Part V of the M22 Housing Act 1985 (the right to buy) relating to shared ownership leases, contains a provision to the like effect as that required by paragraph 1 of Schedule 8 to that Act (terms of shared ownership lease: right of tenant to acquire additional shares), and

(b) the [F266 Relevant Authority]has, in exercise of any of its powers, left outstanding or advanced any amount on the security of the dwelling,

that power includes power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.

Textual Amendments

F266 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M22 1985 c. 68.

82 Loans made under s. 2 of the Housing Act 1964. E+W+S

Schedule 7 (further powers of [F267 Relevant Authority] with respect to land of certain housing associations) applies where a loan has been made to a housing association under section 2 of the M23 Housing Act 1964 and the loan has not been repaid.

Textual Amendments

F267 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M23 1964 c. 56.

83 Power to guarantee loans. E+W+S

[F268 (1) The Relevant Authority may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies; and the Housing Corporation may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by other bodies in which it holds an interest.]

[F269 (1A) The consent of the Secretary of State given with the approval of the Treasury is required for the giving of a guarantee by the Housing Corporation and the approval of the Treasury is required for the giving of a guarantee by the Secretary of State.]

(2) Where the Corporation gives such a guarantee, it may impose such terms and conditions as it thinks fit.

(3) The aggregate amount outstanding in respect of—

(a) loans for which [F270 the Housing Corporation] has given a guarantee under this section, and

(b) payments made by [F270 the Housing Corporation] in meeting an obligation arising by virtue of such a guarantee and not repaid to [F270 the Housing Corporation],

shall not exceed £300 million or such greater sum not exceeding £500 million as the Secretary of State may specify by order made with the approval of the Treasury.

[F271 (3A) The aggregate amount outstanding in respect of—

(a) loans for which [F272 the Secretary of State (or Housing for Wales)] has given a guarantee under this section, and

(b) payments made by [F272 the Secretary of State (or Housing for Wales)] in meeting an obligation arising by virtue of such a guarantee and not repaid to [F272 the Secretary of State (or Housing for Wales)],

shall not exceed £30 million or such greater sum not exceeding £50 million as the Secretary of State may specify by order made with the approval of the Treasury]

(4) An order under subsection (3) [F273 or subsection (3A)] shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.

Textual Amendments

F268 S. 83(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 37(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F269 S. 83(1A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 37(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F270 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 34(1)

F271 S. 83(3A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 34(2)

F272 Words in s. 83(3A) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 37(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F273 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 34(3)

84 Agreements to indemnify certain lenders: England and Wales. E+W+S

(1) The [F274 Relevant Authority] may F275 . . .enter into an agreement with—

(a) a building society lending on the security of a house, or

(b) a recognised body making a relevant advance on the security of a house,

whereby, in the event of default by the mortgagor, and in circumstances and subject to conditions specified in the agreement, the [F274 Relevant Authority]binds itself to indemnify the society or body in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the society or body in consequence of the mortgagor’s default.

(2) The agreement may also, if the mortgagor is made party to it, enable or require the [F274 Relevant Authority] in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the building society or recognised body being then discharged in respect of them.

(3) The transfer may be made to take effect—

(a) on terms provided for by the agreement (including terms involving substitution of a new mortgage agreement or modification of the existing one), and

(b) so that the [F274 Relevant Authority]is treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.

(4) The [F276 Housing Corporation may not enter into an agreement without the approval of the Secretary of State who] may approve particular agreements or give notice that particular forms of agreement have his approval, and in either case may make his approval subject to conditions.

(5) The Secretary of State shall, before giving notice that a particular form of agreement has his approval [F277 and before himself entering into an agreement in a form about which he has not previously consulted under this subsection], consult—

(a) in the case of a form of agreement with a building society, the [F278 Building Societies Commission] and such organisations representative of building societies and local authorities as he thinks expedient, and

(b) in the case of a form of agreement with a recognised body, such organisations representative of such bodies and local authorities as he thinks expedient.

(6) Section 16(3) and (5) of the M24 Restrictive Trade Practices Act 1976 (recommendations by services supply associations to members) does not apply to recommendations made to building societies or recognised bodies about the making of agreements under this section, provided that the recommendations are made with the approval of the Secretary of State, which may be withdrawn at any time on one month’s notice.

Textual Amendments

F274 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F275 Words in s. 84(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 38(2), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F276 Words in s. 84(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 38(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F277 Words in s. 84(5) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 38(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F278 Words substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1), Sch. 18 Pt. I para. 19(3)

Modifications etc. (not altering text)

C11 Ss. 84(5)(b), 85(4l) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22, 23 as substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

Ss. 84(5)(b), 85(4) extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(l) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Ss. 84(5)(b), 85(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 9

Marginal Citations

M24 1976 c. 34.

85 Meaning of “recognised body” and “relevant advance”. E+W

(1) The expressions “recognised body” and “relevant advance” in section 84 (agreements to indemnify certain lenders) shall be construed in accordance with the following provisions.

(2) A “recognised body” means a body specified, or of a class or description specified, in an order made by statutory instrument by the Secretary of State F279 . . ..

(3) Before making such an order varying or revoking an order previously made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.

(4) A “relevant advance” means an advance made to a person whose interest in the dwelling is or was acquired by virtue of a conveyance of the freehold or an assignment of a long lease, or a grant of a long lease by—

• a local authority,

• a new town corporation,

• an urban development corporation,

• F280 . . .

• the [F281 Housing Corporation], or

• a [F282 registered social landlord].[F283 or an advance made to such a person by the Secretary of State if the conveyance, assignment or grant was made under section 90.]

(5) In subsection (4) “long lease” has the same meaning as in Part V of the M25 Housing Act 1985 (the right to buy).

Textual Amendments

F279 Words in s. 85(2) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(d), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F280 Words in s. 85(4) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F281 Words in s. 85(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 39(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F282 Words in s. 85(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(30)

F283 Words in s. 85(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 39(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C12 Ss. 84(5)(b), 85(4) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22, 23 as substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

Ss. 84(5)(b), 85(4) extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(l) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Ss. 84(5)(b), 85(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 9

C13 S. 85(4) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)

Marginal Citations

M25 1985 c. 68.

86 Agreements to indemnify building societies: Scotland. S

(1) [F284 Scottish Homes] may, with the approval of the Secretary of State, enter into an agreement with a building society [F285 or recognised body] under which [F284 Scottish Homes] binds itself to indemnify the building society [F285 or recognised body] in respect of—

(a) the whole or part of any outstanding indebtedness of a borrower; and

(b) loss or expense to the building society [F285 or recognised body] resulting from the failure of the borrower duly to perform any obligation imposed on him by [F286 a] heritable security.

(2) The agreement may also, where the borrower is made party to it, enable or require [F284 Scottish Homes] in specified circumstances to take an assignation of the rights and liabilities of the building society [F287 or recognised body] under the heritable security.

(3) Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.

(4) Before issuing any general approval under subsection (1) the Secretary of State shall consult with such bodies as appear to him to be representative of islands and district councils, and of building societies, and also with [F284 Scottish Homes] and with the [F288 Building Societies Commission].

(5) Section 16(3) and (5) of the M26 Restrictive Trade Practices Act 1976 (recommendations by services supply associations to members) does not apply to recommendations made to building societies [F289 or recognised bodies] about the making of agreements under this section provided that the recommendations are made with the approval of the Secretary of State.

[F290 (6) In this section, “recognised body” means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury.

(7) Before making an order under subsection (6) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.]

Textual Amendments

F284 Words in s. 86(1)(2)(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F285 Words inserted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(a)(i)

F286 “a” substituted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(a)(ii)

F287 Words inserted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(b)

F288 Words substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1), Sch. 18 Pt. I para. 19(3)

F289 Words inserted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(c)

F290 S. 86(6)(7) added by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(d)

Marginal Citations

M26 1976 c. 34.

[F291 87 Financial assistance with respect to formation, management, etc. of certain housing associations. E+W

[F292 (1) The [F293 Relevant Authority]may give financial assistance to any person to facilitate the proper performance of the functions of registered social landlords or co-operative housing associations.]

(2) Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the [F293 Relevant Authority] considers appropriate, except that the may not, in giving any form of financial assistance [F294 under this section], purchase loan or share capital in a company.

(3) With respect to financial assistance under this section, the following—

(a) the procedure to be followed in relation to applications for assistance,

(b) the circumstances in which assistance is or is not to be given,

(c) the method for calculating, and any limitations on, the amount of assistance, and

(d) the manner in which, and the time or times at which, assistance is to be given,

shall be such as may be specified by the [F293 Relevant Authority], acting in accordance with such principles as it may from time to time determine.

(4) In giving assistance under this section, the may provide that the assistance is conditional upon compliance by the person to whom the assistance is given with such conditions as it may specify.

(5) Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the [F295 registered] housing association to which the grant has been given, of a reference to the person to whom assistance is given under this section.

(6) Section 53 of the Housing Act 1988 (determinations under Part II) shall apply in relation to a determination under this section as it applies to a determination under sections 50 to 52 of that Act.]

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F291 S. 87 substituted by Local Government and Housing Act 1989 (c. 42 SIF 61), s.183

F292 S. 87(1) substituted (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 7; S.I. 1996/2402 art. 3 (with transitional provisions and savings in Sch.)

F293 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F294 Words in s. 87(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 40 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F295 Word in s. 87(5) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

[F296 Relevant Authority’s] powers with respect to land and works E+W+S

Textual Amendments

F296 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

88 Acquisition of land. E+W

(1) The [F297 Relevant Authority] may acquire land by agreement for the purpose of—

(a) selling or leasing it to a [F298 registered social landlord] or an unregistered self-build society, or

(b) providing dwellings (for letting or for sale) or hostels,

and [F299 the Housing Corporation may be authorised by the Secretary of State to, and the Secretary of State may,] acquire land compulsorily for any such purpose.

(2) Land may be so acquired by the [F297 Relevant Authority] notwithstanding that it is not immediately required for any such purpose.

(3) In relation to a compulsory purchase of land by the [F297 Relevant Authority] under this section—

(a) in England and Wales, the M27 Acquisition of Land Act 1981 applies;

(b) in Scotland, the M28 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies as if the [F297 Relevant Authority] were a local authority and as if this section were contained in an Act in force immediately before the commencement of that Act.

(4) For the purposes of the purchase of land in Scotland by agreement by the [F297 Relevant Authority]—

(a) the Lands Clauses Acts (except so much of them as relates to the acquisition of land otherwise than by agreement, the provisions relating to access to the special Act and section 120 to 125 of the M29 Lands Clauses Consolidation (Scotland) Act 1845), and

(b) sections 6 and 70 to 78 of the M30 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M31 Mines (Working Facilities and Support) Act 1923),

are hereby incorporated with this section, and in construing those Acts for the purposes of this section this section shall be deemed to be the special Act and the [F297 Relevant Authority] shall be deemed to be the promotors of the undertaking or company, as the case may require.

(5) In Scotland the [F297 Relevant Authority] may (without prejudice to their own power to acquire land compulsorily) request the Scottish Special Housing Association to acquire land compulsorily on its behalf (as provided in section [F300 23 of the Housing (Scotland) Act 1987]) for any purpose for which the [F297 Relevant Authority] may purchase land compulsorily.

Extent Information

E5 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F297 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F298 Words in s. 88(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(31)

F299 Words in s. 88(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 41 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F300 Words “23 of the Housing (Scotland) Act 1987” substituted (S.) for “175(2) of the Housing (Scotland) Act 1966” by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(9)

Marginal Citations

M27 1981 c. 67.

M28 1947 c. 42.

M29 1845 c. 19.

M30 1845 c. 33.

M31 1923 c. 20.

89 Provision of dwellings or hostels and clearance, management and development of land. E+W

(1) The [F301 Relevant Authority]may provide or improve dwellings or hostels on land belonging to it.

(2) The [F301 Relevant Authority] may clear land belonging to it and carry out other work on the land to prepare it as a building site or estate, including—

(a) the laying out and construction of streets or roads and open spaces, and

(b) the provision of sewerage facilities and supplies of gas, electricity and water.

(3) The [F301 Relevant Authority]may repair, maintain and insure buildings or works on land belonging to it, may generally deal in the proper course of management with such land and buildings or works on it, and may charge for the tenancy or occupation of such land, buildings or works.

(4) The [F301 Relevant Authority]may carry out such operations on, and do such other things in relation to, land belonging to it as appear to it to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—

(a) by the [F301 Relevant Authority] itself, or

(b) by a [F302 registered social landlord] or unregistered self-build society.

(5) In the exercise of its powers under subsection (4) the [F301 Relevant Authority] may carry out any development ancillary to or in connection with the provision of dwellings or hostels, including development which makes provision for buildings or land to be used for commercial, recreational or other non-domestic purposes.

Extent Information

E6 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F301 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F302 Words in s. 89(4)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. para. 15(32)

90 Disposal of land. E+W

(1) The [F303 Relevant Authority] may dispose of land in respect of which it has not exercised its powers under section 89(1) (provision or improvement of dwellings or hostels) and on which it has not carried out any such development as is mentioned in section 89(5) [F304 (ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest.]

(2) The [F303 Relevant Authority] may dispose of land on which dwellings or hostels have been provided or improved in exercise of its powers under section 89 to—

• a [F305 registered social landlord],

• a local authority,

• a new town corporation [F306 , or

• Scottish Homes;

and the Housing Corporation may dispose of any such land to any of its subsidiaries.]

(3) The [F303 Relevant Authority] may sell or lease individual dwellings to persons for their own occupation; but where the dwelling concerned was acquired [F307 by the Housing Corporation]by compulsory purchase under section 88(1), it shall not be disposed of under this subsection without the written consent of the Secretary of State.

(4) The [F303 Relevant Authority]may dispose of a building or land intended for use for commercial, recreational or other non-domestic purposes in respect of which development has been carried out by virtue of section 89; but no such building or land shall be disposed of [F308 by the Housing Corporation]for less than the best consideration it commands except with the written consent of the Secretary of State.

(5) The [F303 Relevant Authority] may dispose of land which is not required for the purposes for which it was acquired; but where the land—

(a) was acquired compulsorily by, or on behalf of, the [F309 Housing Corporation]or by a local housing authority who transferred it to the [F309 Housing Corporation], or

(b) is disposed of [F310 by the Housing Corporation](otherwise than for use as, or in connection with, a highway or street) for less than the best consideration it commands,

the [F309 Housing Corporation] shall not dispose of the land except with the written consent of the Secretary of State.

(6) The [F311 Housing Corporation] may not dispose of land except in accordance with the provisions of this section.

Extent Information

E7 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F303 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F304 Words in s. 90(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F305 Words in s. 90(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(33)

F306 Words in s. 90(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F307 Words in s. 90(3) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F308 Words in s. 90(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F309 Words in s. 90(5)(a) and in the words following (b) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(6)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F310 Words in s. 90(6)(b) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(6)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F311 Words in s. 90(6) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(7) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C14 Reference to "Scottish Homes" substituted for the reference to "Scottish Special Housing Association" by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3) Sch. 2 para. 1

91 Protection of persons deriving title under transactions requiring consent. E+W+S

Where the [F312 Housing Corporation]purport to acquire or dispose of land—

(a) in favour of a person claiming under the [F312 Housing Corporation]the transaction is not invalid by reason that any consent of the Secretary of State which is required has not been given, and

(b) a person dealing with the [F312 Housing Corporation], or with a person claiming under the [F312 Housing Corporation], shall not be concerned to see or inquire whether any such consent has been given.

Textual Amendments

F312 Words in s. 91 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 43 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

The [F313 Relevant Authority’s]finances E+W+S

Textual Amendments

F313 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

92 Borrowing powers. E+W+S

(1) The [F314 Housing Corporation] may borrow from the Secretary of State, and the Secretary of State may lend to the [F314 Housing Corporation], by way of temporary loan or otherwise, such sums in sterling as the [F314 Housing Corporation] may require.

(2) The [F314 Housing Corporation]may, with the consent of the Secretary of State or in accordance with a general authorisation given by him, borrow temporarily by overdraft or otherwise such sums in sterling as the [F314 Housing Corporation]may require.

(3) The [F314 Housing Corporation]may, with the consent of the Secretary of State, borrow—

(a) from the European Investment Bank or the Commission of the European Communities, sums in any currency, and

(b) from any other person, sums in a currency other than sterling.

(4) A loan made to the [F314 Housing Corporation] by the Secretary of State shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.

(5) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make loans to the [F314 Housing Corporation]in pursuance of this section; and sums received by the Secretary of State in pursuance of subsection (4) shall be paid into that Fund.

(6) The Secretary of State may act under this section only with the approval of the Treasury.

Textual Amendments

F314 Words in s. 92 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 44 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

93 Limit on borrowing. E+W+S

(1) The [F315 Housing Corporation] has only the borrowing powers conferred by section 92 and those powers are exercisable subject to the following limit.

(2) The aggregate amount outstanding by way of principal of—

(a) advances made to the [F316 Housing Corporation] under section 9 of the M32 Housing Act 1964 before 18th September 1974 (when that section was repealed),

(b) advances made to housing associations before 1st April 1975 in respect of which the rights and obligations of the Secretary of State were then transferred to the [F316 Housing Corporation] by section 34 of the M33 Housing Act 1974,

(c) money borrowed by the [F316 Housing Corporation] under section 92, and

(d) money borrowed by a subsidiary of the [F316 Housing Corporation] otherwise than from the [F316 Housing Corporation],

[F317 shall not exceed the limit [F318 specified] under subsection (2A)].

[F319 (2A) The limit referred to in subsection (2) is,—

(a) F320 . . .£2,000 million or such greater sum not exceeding £3,000 million as the Secretary of State may specify by order made with the consent of the Treasury; F321 . . .

F321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) An order under subsection [F322 (2A)] shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.

(4) In ascertaining the limit imposed by subsection [F322 (2A)], interest payable on a loan made by the Secretary of State to the [F315 Housing Corporation]which, with the approval of the Treasury, is deferred and treated as part of the loan, shall, so far as outstanding, be treated as outstanding by way of principal.

(5) The power of the [F315 Housing Corporation]to borrow from a subsidiary of the [F315 Housing Corporation] is not affected by subsection (1) and borrowing from such a subsidiary shall be left out of account for the purposes of subsection [F322 (2A)].

Textual Amendments

F315 Words in s. 93(1)(4)(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 45(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F316 Words in s. 93(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 45(3)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F317 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 35(1)

F318 Word in s. 93(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 45(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F319 S. 93(2A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 35(2)

F320 Words in s. 93(2A)(a) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 45(4)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F321 S. 93(2A)(b) and the word preceding it repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 45(4)(b), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F322 “2A” substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 35(3)

Marginal Citations

M32 1964 c. 56.

M33 1974 c. 44.

94 Treasury guarantees of borrowing. E+W+S

(1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on and the discharge of any other financial obligation in connection with sums which the [F323 Housing Corporation] borrows from a person other than the Secretary of State.

(2) Immediately after a guarantee is given the Treasury shall lay a statement of the guarantee before each House of Parliament.

(3) Any sums required by the Treasury for fulfilling the guarantee shall be charged on and issued out of the Consolidated Fund.

(4) If any sums are so issued, the [F323 Housing Corporation] shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct—

(a) payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued, and

(b) payments of interest, at such rate as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5) Sums received by the Treasury in pursuance of subsection (4) shall be paid into the Consolidated Fund.

(6) Where a sum is issued for fulfilling a guarantee given under this section, the Treasury shall, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged, lay before each House of Parliament a statement relating to the sum.

Textual Amendments

F323 Words in s. 94(1)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 46 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

95 Grants to the [F324 Housing Corporation]. E+W+S

(1) The Secretary of State may make such grants to the [F324 Housing Corporation] as appear to him to be required to enable the [F324 Housing Corporation] to meet the expenses incurred by it in the exercise of its functions.

(2) A grant may be made subject to such conditions as the Secretary of State may determine.

(3) The Secretary of State may act under this section only with the consent of the Treasury.

Textual Amendments

F324 Words in s. 95(1) and sidenote substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 47 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

96 General financial provisions. E+W+S

(1) The [F325 Housing Corporation] may turn its resources to account so far as they are not required for the exercise of its functions.

(2) If for an accounting year the revenues of the [F325 Housing Corporation] exceed the total sums properly chargeable to revenue account, the [F325 Housing Corporation]shall apply the excess in such manner as the Secretary of State may, after consultation with the [F325 Housing Corporation], direct; and the Secretary of State may direct that the whole or part of the excess be paid to him.

(3) The Secretary of State may give directions to the [F325 Housing Corporation] as to matters relating to—

(a) the establishment or management of reserves,

(b) the carrying of sums to the credit of reserves, or

(c) the application of reserves for the purposes of the [F326 Housing Corporation’s]functions.

(4) The Secretary of State may, after consultation with the [F325 Housing Corporation], direct the [F325 Housing Corporation] to pay to him the whole or part of any sums for the time being standing to the credit of reserves of the [F325 Housing Corporation] or being of a capital nature and not required for the exercise of the [F326 Housing Corporation’s] functions.

(5) The Secretary of State may act under this section only with the approval of the Treasury.

Textual Amendments

F325 Words in s. 96(1)-(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.48(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F326 Words in s. 96(3)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 48(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

97 Accounts and audit. E+W+S

(1) The [F327 Housing Corporation]shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year annual accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.

(2) The accounts of the [F327 Housing Corporation] for each financial year shall be audited by a qualified accountant appointed for the purpose by the Secretary of State.

(3) As soon as the annual accounts of the [F327 Housing Corporation] for a financial year have been audited, the [F327 Housing Corporation]shall send to the Secretary of State a copy of the accounts prepared by it for the year in accordance with this section, together with a copy of any report made on them by the auditor.

(4) The Secretary of State shall prepare in respect of each financial year, in such form and manner as the Treasury may direct, an account of—

(a) the sums issued to him and lent to the [F327 Housing Corporation], and

(b) sums received by him from the [F327 Housing Corporation] and paid into the National Loans Fund in respect of the principal and interest on sums so lent, or on sums advanced to the [Housing Corporation] under section 9 of the M34 Housing Act 1964,

and shall transmit the accounts so prepared by him to the Comptroller and Auditor General on or before 30th November in the following financial year.

(5) The Comptroller and Auditor General shall examine and certify the accounts prepared by the Secretary of State and lay before each House of Parliament copies of the accounts together with his report on them.

[F328 (6) In this section “qualified accountant” means a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]

Textual Amendments

F327 Words in s. 97(1)-(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 49 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F328 S. 97(6) substituted (01.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 59(2) (with reg. 4).

Modifications etc. (not altering text)

C15 S. 97(1)-(3) modified (1.11.1998) by 1998 c. 38, s. 142(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

C16 S. 97(4) applied (with modifications) (1.11.1998) by 1998 c. 38, s. 142(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M34 1964 c. 56.

Acquisition of securities and control of subsidiaries E+W+S

98 Acquisition of securities and promotion of body corporate. E+W+S

(1) The [F329 Housing Corporation] may with the consent of the Secretary of State—

(a) subscribe for or acquire securities of a body corporate, and

(b) promote or participate in the promotion of a body corporate.

(2) In the section “securities” means shares, stock, debenture stock and other securities of a like nature.

Textual Amendments

F329 Words in s. 98(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 50 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

99 Control of subsidiaries. E+W+S

(1) The [F330 Housing Corporation] shall exercise its control over its subsidiaries so as to secure that no subsidiary—

(a) engages in an activity which the [F330 Housing Corporation] is not empowered to carry on, or

(b) engages in an activity in a manner in which the [F330 Housing Corporation] itself could not engage by reason of a direction given to it under section 76 (directions by Secretary of State).

(2) The [F330 Housing Corporation] shall also exercise its control over its subsidiaries so as to secure that no subsidiary of its—

(a) borrows money from a person other than the [F330 Housing Corporation], or

(b) raises money by the issue of shares or stock to a person other than the [F330 Housing Corporation],

without the consent of the Secretary of State.

Textual Amendments

F330 Words in s. 99(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 51 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Supplementary provisions E+W+S

[F331 100 Scottish Special Housing Association may act as agents for [F332 Relevant Authority]in Scotland. E+W+S

The [F332 Relevant Authority] may, on such terms and conditions as may be agreed between it and the Scottish Special Housing Association, authorise the Association to act in Scotland as the agents of the [F332 Relevant Authority] for the purpose of carrying out any of the functions vested in the [F332 Relevant Authority] under—

(a) section 77 (advisory service),

(b) sections 88 and 89 (powers with respect to land and works), or

(c) paragraph 5 of Schedule 7 (schemes for provision of housing accommodation in place of a housing association).]

Textual Amendments

F331 S. 100 repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2),Sch. 3

F332 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

101 Minor definitions. E+W+S

In this Part—

• [F333 “building society” means a building society within the meaning of the Building Societies Act 1986;]

• “financial year” means the period of 12 months ending with the 31st March;

• “highway”, in relation to Scotland, includes a public right of way;

• “subsidiary” has [F334 the meaning given by section 736 of] the Companies Act.

Textual Amendments

F333 Definition substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1), Sch. 18 Pt. I para. 19(4)

F334 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 144(4), Sch. 18 para. 41

102 Index of defined expressions: Part III. E+W+S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

building society	section 101
the Companies Act	section 106
dwelling	section 106
financial year	section 101
heritable security	section 106
highway (in relation to Scotland)	section 101
hostel	section 106
housing association	section 1(1)
local authority	section 106
local housing authority	section 104
new town corporation	section 106
recognised body	section 85(2)
registered (in relation to a housing association)	section 3(2)
relevant advance	section 85(4)
self-build society	section 1(3)
subsidiary	section 101
unregistered (in relation to a housing association)	section 3(2)
urban development corporation	section 106

102 Index of defined expressions: Part III. S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

building society	section 101
the Companies Act	section 106
dwelling	section 106
financial year	section 101
heritable security	section 106
highway (in relation to Scotland)	section 101
hostel	section 106
housing association	section 1(1)
local authority	section 106
local housing authority	section 104
new town corporation	section 106
recognised body	section 85(2)
registered (in relation to a housing association)	section 3(2)
relevant advance	section 85(4)
self-build society	section 1(3)
subsidiary	section 101
unregistered (in relation to a housing association)	section 3(2)
urban development corporation	section 106

Extent Information

E9 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Part IV E+W+S General Provisions

General provisions E+W+S

103 Application to Isles of Scilly. E+W+S

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

104 Local housing authorities. E+W+S

(1) In this Act “local housing authority”—

(a) in relation to England and Wales, has the meaning given by section 1 of the M35 Housing Act 1985, and

(b) in relation to Scotland, means [F335 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2) References in this Act to the district of a local housing authority—

(a) in England and Wales shall be construed in accordance with section 2 of the Housing Act 1985, and

(b) in Scotland are to the [F336 area of a council mentioned in subsection (1)(b) above].

Textual Amendments

F335 Words in s. 104(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(3)(a); S.I. 1996/323, art. 4(1)(b)(c)

F336 Words in s. 104(2)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(3)(b); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

M35 1985 c. 68.

F337 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F337 S. 105 repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with savings in art. 4(2)(3))

106 Minor definitions — general. E+W+S

(1) In the application of this Act in England and Wales—

• [F338 “bank” means—

[F339 (a) an institution authorised under the Banking Act 1987, or]

(b) a company as to which the Secretary of State was satisfied immediately before the repeal of the M36 Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;]

• [F338 “the Companies Act” means the M37 Companies Act 1985;]

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• [F338 “friendly society” means a friendly society or branch of a friendly society registered under the M38 Friendly Societies Act 1974 or earlier legislation;]

• “hostel” means a building in which is provided for persons generally or for a class or classes of persons—

(a) residential accommodation otherwise than in separate and self-contained sets of premises, and

(b) either board or facilities for the preparation of food adequate to the needs of those persons, or both;

• “house” includes—

(a) any part of a building which is occupied or intended to be occupied as a separate dwelling;

(b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• [F340 [F341 “housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in section 1(1)(a) or subsections (2) to (4) of section 4.]]

• [F338 “insurance company” means an insurance company to which Part II of the M39 Insurance Companies Act 1982 applies;]

• “local authority” means a county, [F342 county borough,]district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in [F343 section 84(5)]includes . . . F344 a joint authority established by Part IV of the M40 Local Government Act 1985 [F345 and in section 85(4) includes such a joint authority and a police authority established under [F346 section 3 of the M41 Police Act 1996]][F347 and the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service];

• “new town corporation” means the Commission for the New Towns or a development corporation within the meaning of the M42 New Towns Act 1981;

• “shared ownership lease” means a lease—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the house or dwelling or of the cost of providing it, or

(b) under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house or dwelling;

• [F338 “trustee savings bank” means a trustee savings bank registered under the M43 Trustee Savings Bank Act 1981 or earlier legislation;]

• “urban development corporation” means an urban development corporation established under Part XVI of the M44 Local Government, Planning and Land Act 1980.

(2) In the application of this Act in Scotland—

• [F348 “bank” has the same meaning as in subsection (1);]

• “charge” includes a heritable security;

• [F348 “the Companies Act” has the same meaning as in subsection (1);]

• “dwelling” means a house;

• [F348 “friendly society” has the same meaning as in subsection (1);]

• [F349 “heritable security” means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland and which includes a security constituted by an ex facie absolute disposition or assignation or by a standard security;]

• “hostel” means—

(a) in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board, and

(b) in relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both;

• “house” includes—

(a) any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, and

(b) includes also any yard, garden, outhouses and pertinents belonging to the house or usually enjoyed with it;

• [F350 “housing activities” has the same meaning as in subsection (1);]

• [F348 “insurance company” has the same meaning as in subsection (1);]

• “local authority” means [F351 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “mortgage” means a heritable security and “mortgagee” means a creditor in such a security;

• “new town corporation” means a development corporation within the meaning of the M45 New Towns (Scotland) Act 1968;

• [F352 “shared ownership lease” has the same meaning as in subsection (1);]

• [F352 “shared ownership agreement” means an agreement whereby—

(a) a pro indiviso right in a dwelling is sold to a person and the remaining pro indiviso rights therein are leased to him subject to his being entitled, from time to time, to purchase those remaining rights until he has purchased the entire dwelling; or

(b) pro indiviso rights in dwellings are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those dwellings, becomes entitled to exclusive occupancy of one of the dwellings but with any such person who wishes to sell or otherwise dispose of his share being required to do so through the agency of the trustees,

or such other agreement as may be approved whereby a person acquires a pro indiviso right in a dwelling or dwellings and thereby becomes entitled to exclusive occupancy of the dwelling or, as the case may be, one of the dwellings;]

[F348 “trustee savings bank” has the same meaning as in subsection (1).]

[F353 (3) In the definition of “shared ownership agreement” in subsection (2) above, “approved” means approved by the Secretary of State after consultation with [F354 Scottish Homes].]

Textual Amendments

F338 S. 106(1): definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F339 Words substituted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 22

F340 S. 106(1): definition of “housing activities”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)-(4))

F341 Definition substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 36

F342 S. 106(1): words in definition of “local authority”inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 6(2) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F343 S. 106(1): words in definition of “local authority”substituted (1.10.1994 for specified purposes, 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 59(a); S.I. 1994/2025, art. 6(2)(e); S.I. 1994/3262, art. 4(1), Sch.

F344 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F345 S. 106(1): words in definition of “local authority”added (1.10.1994 for specified purposes, 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 59(b); S.I. 1994/2025, art. 6(2)(e); S.I. 1994/3262, art. 4(1), Sch.

F346 S. 106(1): words in definition of “local authority”substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(w)

F347 S. 106(1): words in definition of “local authority”inserted (31.10.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 50; S.I. 1997/2390, art. 2(1)(2)(u) (subject to transitional provisions in arts. 3-7)

F348 S. 106(1): definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F349 Definition repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F350 S. 106(1): definition of “housing activities”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)-(4))

F351 S. 106(2): words in definition of “local authority”substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(4); S.I. 1996/323, art. 4(1)(b)(c)

F352 Definition beginning “shared ownership agreement” substituted (S.) for definition beginning “shared ownership lease” by virtue of Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 13(2) and Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 9

F353 S. 106(3) added (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(7)

F354 Words in s. 106(3) substituted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(35)

Modifications etc. (not altering text)

C17 S. 106(1) amended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 20.

S. 106(1) amended (1.7.1994) by S.I. 1994/1696, reg. 68(1), Sch. 8 Pt. I para. 11

Marginal Citations

M36 1963 c. 16.

M37 1985 c. 6.

M38 1974 c. 46.

M39 1982 c. 50.

M40 1985 c. 51.

M41 1964 c. 48.

M42 1981 c. 64.

M43 1981 c. 65.

M44 1980 c. 65.

M45 1968 c. 16.

Final provisions E+W+S

107 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Housing Associations Act 1985.

(2) This Act comes into force on 1st April 1986.

(3) The following provisions of this Act apply to England and Wales only—

• section 2,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F355

• section 8(2) and (3),

• sections 11 and 12,

• section [F356 17(4)],

• section 18,

• section 20,

• section 31,

• sections 34 to 36,

• section 38,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F357

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F357

• section 58,

• section 67,

• section 69(3),

• section 81,

• sections 84 and 85,

• section 103,

• [F358 section 105,]

• Schedules 2 and 3,

• In Schedule 4, Part I,

• In Schedule 5, Part I, paragraphs 1 and 2 of Part III and paragraph 1 of Part V.

(4) The following provisions of this Act apply to Scotland only—

• [F359 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F360

• section 15A]

• section 59,

• section 66,

• section 68,

• section 69(4),

• section 86,

• In Schedule 4, Part III,

• In Schedule 5, Part II, paragraphs 3 and 4 of Part III, Part IV and Part VII.

(5) This Act does not extend to Northern Ireland.

Textual Amendments

F355 Entry repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 18

F356 “17(4)” repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F357 Entry repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18

F358 Words repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F359 Words inserted (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(8)(b)

F360 Words repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18