Modifications etc. (not altering text)
C1Pt. 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.)
(1)This Part has effect with respect to the Housing Corporation [F1and the Secretary of State
(1A)Each of them] is referred to in this part as “the [F2Relevant Authority]”.
(2)The provisions of Schedule 6 have effect with respect to the constitution and proceedings of, and other matters relating to, [F3the Housing Corporation].
[F4(3)The functions conferred by this Part in relation to registered social landlords are exercisable by the [F2Relevant Authority] in whose register they are registered.
As to which [F2Relevant Authority] that is, see section 56 of the Housing Act 1996.]
[F5(4)In this Part,—
(a)in relation to land in Wales held by an unregistered housing association, “the [F2Relevant Authority]” means [F6the Secretary of State]; and
(b)in relation to land outside Wales held by such an association, “the [F2Relevant Authority]” means the Housing Corporation.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words 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
F2Words 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
F3Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(2)
F4S. 74(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(25)
F5S. 74(4) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(3)
F6Words 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
(1)The [F7Relevant Authority] has the following general functions—
[F8(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(e)to undertake, to such extent as the [F7Relevant 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.
[F10(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 [F7Relevant Authority] shall exercise its general functions subject to and in accordance with the provisions of this Act [F11and Part I of the Housing Act 1996].
(3)Subsection (1) is without prejudice to specific functions conferred on the [F7Relevant Authority]by or under this Act [F12or Part I of the Housing Act 1996].
(4)The [F7Relevant 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 [F12or Part I of the Housing Act 1996].
[F13(5)Section 71 of the Race Relations Act 1976 (local authorities: general statutory duty) shall apply to the [F14Housing Corporation] as it applies to a local authority.]
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F7Words 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
F8S. 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.)
F10S. 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
F11Words in s. 75(2) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(a)
F12Words in s. 75(3)(4) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(b)
F13S. 75(5) added by Housing Act 1988 (c. 50, SIF 61), s. 56
F14Words 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
(1)The [F24Relevant 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 [F25the register of housing associations referred to in section 3] and to exercise supervision and control over registered housing associations;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
(e)to undertake, to such extent as the [F24Relevant 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 [F24Relevant 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 [F24Relevant 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.
[F27(5)Section 71 of the Race Relations Act 1976 (local authorities: general statutory duty) shall apply to the [F28Housing Corporation] as it applies to a local authority.]
Extent Information
E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F24Words 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
F25Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 32
F27S. 75(5) added by Housing Act 1988 (c. 50, SIF 61), s. 56
F28Words 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
(1)The Secretary of State may give directions to the [F15Housing Corporation] as to the exercise of its functions.
(2)A direction as to the terms of loans made under section 79 (lending powers of [F15Housing 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 [F15Housing Corporation] unless the person had actual notice of the direction.
Textual Amendments
F15Words 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
(1)The [F18Housing 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 [F18Housing 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 [F18Housing Corporation] or the Secretary of State considers appropriate.
(3)In this section the [F17Housing Corporation’s]“loans portfolio” means the [F17Housing 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 [F18Housing Corporation] shall be construed as impliedly prohibiting or restricting the [F18Housing Corporation] from dealing with its loans portfolio in accordance with arrangements under this section.]
Textual Amendments
F16S. 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.)
F17Words 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
F18Words 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
(1)The [F19Relevant Authority] may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to [F20registered 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 [F19Relevant Authority] may make charges for the service.
[F21(3)The powers conferred on the [F19Relevant Authority] by subsections (1) and (2) may be exercised by the Housing Corporation and [F22the Secretary of State] acting jointly]
Extent Information
E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F19Words 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
F20Words in s. 77(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(27)
F21S. 77(3) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 33
F22Words 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
(1)The [F23Housing 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
F23Words 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)
C2S. 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
C3S. 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