Search Legislation

Housing Act 1988

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Housing Act 1988, SCHEDULE 6 is up to date with all changes known to be in force on or before 18 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 6:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Section 59.

SCHEDULE 6E+W+S Amendments of M1Housing Associations Act 1985

Marginal Citations

Part IE+W+S Amendments of Part I with Respect to the Housing Corporation, Housing for Wales and Scottish Homes

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 6 para. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 6 para. 4 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 6 para. 5 repealed (1.10.1996) (E.W.) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 6 para. 6 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F77(1)In section 9 (control by Corporation of disposition of land by housing associations) for subsection (1) there shall be substituted the following subsections—E+W+S

(1)Subject to section 10 and sections 81(7), 105(6) and 133(7) of the Housing Act 1988, the consent of the Corporation 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, Housing for Wales.

(2)In subsection (3) of that section—

(a)for the words “the consent of the Corporation”, in the first place where they occur, there shall be substituted “consent”; and

(b)for the words “the consent of the Corporation”, in the second place where they occur, there shall be substituted “that consent”.

F8(3)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 6 para. 7 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F98(1)In section 10 (dispositions excepted from section 9), in subsection (1) for the words from “the Charity Commissioners”, in the second place where they occur, onwards there shall be substituted before making an order in such a case the Charity Commissioners shall consult,— E+W

(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, Housing for Wales.

(2)In subsection (2) of that section at the end of paragraph (b) there shall be inserted 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.]

Textual Amendments

F9Sch. 6 para. 8 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3) (subject to transitional provisions and savings in art. 3)

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 6 para. 9 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 6 para. 10 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 6 para. 11 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 6 para. 12 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 6 para. 13 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 6 para. 14 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 6 para. 15 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 6 para. 16 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Sch. 6 para. 17 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F1918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 6 paras. 3-6, 9-23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F2019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 6 para. 19 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F2120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. 6 para. 20 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F2221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 6 para. 21 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F2322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 6 paras. 3-6, 9-23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F2423In section 33 (recognition of central association), in subsection (1) after “housing associations” there shall be inserted “in Great Britain or in any part of Great Britain”.]

Textual Amendments

F24Sch. 6 paras. 3-6, 9-23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F2524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2625In section 39 (minor definitions) before the definition of “mental disorder” there shall be inserted—

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.]

Textual Amendments

F26Sch. 6 para. 25 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F2726In section 40 (index of defined expressions in Part I)—

(a)after the entry relating to “appropriate registrar” there shall be inserted—

“assured agricultural occupancy” section 39

“assured tenancy” section 39;

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F27Sch. 6 para. 26 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F29Sch. 6 para. 26(c) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. I

Part IIE+W+S Amendments of Part II with Respect to the Housing Corporation and Housing for Wales

27(1)In section 63 (building society advances) for the words “the Housing Corporation”, in each place where they occur in subsections (1) and (2), there shall be substituted “one of the Corporations” and in subsection (1) (b) for the words “the Corporation” there shall be substituted “that one of the Corporations which is concerned”.E+W+S

(2)After subsection (2) of that section there shall be inserted the following subsection—

(2A)In this section “the Corporations” means the Housing Corporation and Housing for Wales.

28[F30(1)In section 69 (power to vary or terminate certain agreements) at the end of subsection (1)(a) there shall be added “(including such an agreement under which rights and obligations have been transferred to Housing for Wales)”.E+W+S

(2)After subsection (2) of that section there shall be inserted the following subsection—

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

29[F31In section 69A (land subject to housing management agreement) for the words “housing association grant, revenue deficit grant or hostel deficit grant” there shall be substituted “grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988”.]

30(1)In Part I of Schedule 5 (residual subsidies)—E+W+S

(a)in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted; F32. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In Part II of that Schedule, in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted.

Textual Amendments

F32Sch. 6 para. 30(1)(b) and the word “and” immediately preceding it repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

Part IIIE+W+S Amendments of Part III with Respect to the Housing Corporation and Housing for Wales

31F33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)[F34In subsection (2) of that section for the words “the Corporation” there shall be substituted “the Housing Corporation”.]

(3)[F35At the end of that section there shall be inserted the following subsections—

(3)In this Part “registered housing association” in relation to the Corporation, means a housing association registered in the register maintained by the Corporation.

(4)In this Part,—

(a)in relation to land in Wales held by an unregistered housing association, “the Corporation” means Housing for Wales; and

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

[F3632In section 75 (general functions), in subsection (1)(c) for the words “a register of housing associations” there shall be substituted “the register of housing associations referred to in section 3”.]

Textual Amendments

F36Sch. 6 para. 32 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. I

33[F37At the end of section 77 (advisory service) there shall be added the following subsection—

(3)The powers conferred on the Corporation by subsections (1) and (2) may be exercised by the Housing Corporation and Housing for Wales acting jointly.]

34(1)In section 83 (power to guarantee loans), in subsection (3) (maximum amount outstanding in respect of loans etc.) for the words “the Corporation”, in each place where they occur, there shall be substituted “the Housing Corporation”.E+W+S

(2)After subsection (3) of that section there shall be inserted the following subsection—

(3A)The aggregate amount outstanding in respect of—

(a)loans for which Housing for Wales has given a guarantee under this section, and

(b)payments made by Housing for Wales in meeting an obligation arising by virtue of such a guarantee and not repaid to 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.

(3)In subsection (4) of that section (procedure for orders of Secretary of State) after the words “subsection (3)” there shall be inserted “or subsection (3A)”.

35

35[F38(1)In section 93 (limit on borrowing), in subsection (2) for the words from “shall not exceed” onwards there shall be substituted “shall not exceed the limit appropriate to the Corporation under subsection (2A)”.E+W+S

(2)At the end of subsection (2) of that section there shall be inserted the following subsection—

(2A)The limit referred to in subsection (2) is,—

(a)in the case of the Housing Corporation, £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; and

(b)in the case of Housing for Wales, £250 million or such greater sum not exceeding £300 million as the Secretary of State may specify by order made with the consent of the Treasury.

(3)In subsections (3) to (5) of that section for “(2)”, in each place where it occurs, there shall be substituted “(2A)”.]

[F3936In section 106(1) (minor definitions: general) for the definition of “housing activities” there shall be substituted the following—

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.]

Textual Amendments

F39Sch. 6 para. 36 repealed (E.W.) (1.1.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. I

37In Schedule 6, paragraph 3(3)(b) shall be omitted.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources