Housing Act 1988

53 Determinations under Part II. E+W

(1) A general determination may either—

(a) make the same provision for all cases; or

(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;

and for the purposes of this subsection 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.

[F2 (2) The [F3 [F4 Homes and Communities Agency]] shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State]

(3) Before making a general determination, the [F5 [F6 appropriate authority]] shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the [F5 [F6 appropriate authority]] shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.

(4) In this section “general determination” means a determination under [F7 section] 52 above, other than a determination relating solely to a particular case.

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

F2 S. 53(2) substituted (1.8.1996) by 1996 c. 52, ss. 28(4), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 2

F3 Words in s. 53(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 65 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F4 Words in s. 53(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(2); S.I. 2010/862, art. 2 (with Sch.)

F5 Words in s. 53 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F6 Words in s. 53(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(3); S.I. 2010/862, art. 2 (with Sch.)

F7 Words in s. 53(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(4); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C1 S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183

C2 Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

C3 S. 53 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C4 S. 53 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

53 Determinations under Part II. S

(1) A general determination may either—

(a) make the same provision for all cases; or

(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of [F8 registered social landlords] or housing activities;

and for the purposes of this subsection 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.

(2) The Corporation shall not make a determination under the foregoing provisions of this Part except with the approval of the Secretary of State given, in the case of a general determination, with the consent of the Treasury.

(3) Before making a general determination, the Corporation shall consult such bodies appearing to it to be representative of [F9 registered social landlords] as it considers appropriate; and after making such a determination, the Corporation shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the [F9 landlords] concerned.

(4) In this section “general determination” means a determination under [F7 section] 52 above, other than a determination relating solely to a particular case.

Extent Information

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

Textual Amendments

F7 Words in s. 53(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(4); S.I. 2010/862, art. 2 (with Sch.)

F8 Words in s. 53(1)(b) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F9 Words in s. 53(3) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

Modifications etc. (not altering text)

C5 S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183