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Housing and Regeneration Act 2008

Section 34 – Determinations under sections 32 and 33

69.This section sets out the process for determinations under sections 32 and 33. A determination could define the “relevant events” which would trigger these requirements (e.g. the disposal of a grant-funded property), or it could specify the purposes to which sums may be applied (e.g. the provision of similar properties, the refurbishment of others, etc.).

70.Subsection (1)prohibits the HCA from making a general determination without the consent of the Secretary of State. And subsection (2)requires the HCA, before making such a determination, to consult the Regulator of Social Housing, and other appropriate persons.

71.The HCA may vary or revoke a determination but, in varying or revoking a determination, the HCA cannot override the provision that events and principles according to which it exercises its powers to recover grants must be predetermined.

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