Housing and Regeneration Act 2008

Prospective

Certain supervisory powers of the Secretary of StateE+W

46Guidance by the Secretary of StateE+W

(1)The Secretary of State may give guidance to the HCA as to the exercise of any of its functions.

(2)Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(3)The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it.

(4)The Secretary of State may revoke guidance given under this section.

(5)The Secretary of State must—

(a)consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and

(b)publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation.

(6)The HCA must, in exercising its functions, have regard to any guidance for the time being in force under this section.

(7)References in this section to giving guidance include references to giving guidance by varying existing guidance.

47Directions by the Secretary of StateE+W

(1)The Secretary of State may give the HCA general or specific directions as to the exercise of any of its functions.

(2)The Secretary of State must publish any directions given by the Secretary of State under this Part as soon as reasonably practicable after giving them.

(3)The Secretary of State—

(a)may revoke any directions given by the Secretary of State under this Part, and

(b)must publish the fact that the directions have been revoked as soon as reasonably practicable after the revocation.

(4)The HCA must comply with any directions of the Secretary of State in force under this Part.

(5)Subsections (2) and (3)(b) do not apply to directions given under section 22 or paragraph 7 of Schedule 1; and this section does not apply to directions given under Schedule 4.

(6)References in this Part to the Secretary of State giving directions include references to the Secretary of State giving directions by varying existing directions.

48Consents of the Secretary of StateE+W

(1)Any consent of the Secretary of State required under this Part may be given—

(a)unconditionally or subject to conditions, and

(b)generally or specifically.

(2)The Secretary of State may vary or revoke any such consent except in the case of anything already done, or agreed to be done, on the authority of it.

(3)A variation or revocation under subsection (2) does not have effect until the Secretary of State has served notice of it on the HCA or (as the case may be) the other person to whom the consent is given.