Government of Wales Act 1998

The Housing Act 1996 (c. 52)

81 Part I of the Housing Act 1996 has effect subject to the following amendments.

82 (1) Subject to the following provisions, in each place (including headings and sidenotes) except in the phrase “Housing Corporation”—

(a) for “Corporation” substitute “Relevant Authority”, and

(b) for “Corporation's” substitute “Relevant Authority's”.

(2) Sub-paragraph (1) does not apply to Schedule 3.

83 (1) Section 1 (register of social landlords) is amended as follows.

(2) In subsection (1), omit “at the head office of the Corporation”.

(3) After that subsection insert—

“(1A) In this Part “the Relevant Authority” means the Housing Corporation or the Secretary of State, as provided by section 56.

(1B) The register maintained by the Housing Corporation shall be maintained at its head office.”

(4) Omit subsection (2).

84 (1) Section 9 (Corporation’s consent required for disposal of land by registered social landlord) is amended as follows.

(2) In subsection (1), omit “, given by order under the seal of the Corporation,”.

(3) After that subsection insert—

“(1A) The consent—

(a) if given by the Housing Corporation, shall be given by order under its seal, and

(b) if given by the Secretary of State, shall be given by order in writing.”

85 (1) Section 18 (social housing grants) is amended as follows.

(2) For subsection (5) substitute—

“(5) The appointment—

(a) if made by the Housing Corporation, shall be on such terms as the Housing Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify, and

(b) if made by the Secretary of State, shall be on such terms as the Secretary of State may, with the consent of the Treasury, specify;

and, in either case, the authority shall act in accordance with those terms.”

(3) In subsection (8)—

(a) for “Housing for Wales” substitute “the Secretary of State”, and

(b) for “two Corporations” substitute “Housing Corporation and the Secretary of State”.

86 For section 30(5) (notices requiring giving of information or production of documents) substitute—

“(5) A notice under this section—

(a) if given by the Housing Corporation, shall be given under its seal, and

(b) if given by the Secretary of State, shall be given in writing.”

87 For section 36(3) and (4) (issue of guidance about management of housing accommodation) substitute—

“(3) Before issuing any guidance under this section the Relevant Authority shall consult such bodies appearing to the Relevant Authority to be representative of registered social landlords as the Relevant Authority considers appropriate; and where the Relevant Authority issues guidance under this section it shall be issued in such manner as the Relevant Authority considers appropriate for bringing it to the notice of the landlords concerned.

(4) The Housing Corporation shall not issue guidance under this section unless—

(a) it has been submitted in draft to the Secretary of State for his approval, and

(b) the Secretary of State has given his approval to the draft.”

88 (1) Section 46 (appointment of manager to implement agreed proposals) is amended as follows.

(2) In subsections (1) and (6), omit “under its seal”.

(3) After subsection (6) insert—

“(7) An order under this section—

(a) if made by the Housing Corporation, shall be made under its seal, and

(b) if made by the Secretary of State, shall be made in writing.”

89 In section 49(3) (forms of assistance which require consent of Secretary of State), for “following forms of assistance require” substitute “giving by the Housing Corporation of the following forms of assistance requires”.

90 In section 51(2) (the bodies that are social landlords for the purposes of having complaints against them investigated by a housing ombudsman)—

(a) in paragraph (a), after “registered social landlord” insert “or a body which was at any time a registered social landlord”, and

(b) in paragraph (d), for “Corporation” substitute “Housing Corporation, or with Housing for Wales,”.

91 In section 52(1) (provisions about powers of Secretary of State to make orders), for “this Part” substitute “section 2, 17, 39, 51 or 55 or Schedule 2”.

92 In section 53(1), (4) and (5) (provisions about determinations), for “Corporation” substitute “Housing Corporation”.

93 In section 54 (determinations requiring the Secretary of State’s approval), for “Corporation” substitute “Housing Corporation”.

94 In section 56(1), (2) and (4) (definitions), for “Housing for Wales” substitute “the Secretary of State”.

95 In section 64 (index of defined expressions)—

(a) omit the entry relating to “the Corporation”, and

(b) after the entry relating to “registrar of companies” insert—

“the Relevant Authority

section 56”.

96 (1) Schedule 1 (regulation of registered social landlords) is amended as follows.

(2) In paragraphs 9 and 11—

(a) in sub-paragraph (3), omit “given by order under the seal of the Corporation”, and

(b) after that sub-paragraph insert—

“(3A) Consent under sub-paragraph (3)—

(a) if given by the Housing Corporation, shall be given by order under its seal, and

(b) if given by the Secretary of State, shall be given by order in writing.”

(3) In paragraphs 12(6) and 13(7), for “are to consent given by order under the seal of the Corporation” substitute “are—

(a) if it is given by the Housing Corporation, to consent given by order under its seal, and

(b) if it is given by the Secretary of State, to consent given by order in writing.”

(4) For paragraph 15(5) substitute—

“(5) In any other case—

(a) the Relevant Authority may dispose of property transferred to it by virtue of this paragraph to a registered social landlord, and

(b) the Housing Corporation may dispose of property transferred to it by virtue of this paragraph to any of its subsidiaries.”

(5) In paragraph 20(3)—

(a) after “appointed”, in the first place, insert “by the Housing Corporation to conduct an inquiry”,

(b) for “Corporation” substitute “Housing Corporation”, and

(c) before “appointed”, in the second place, insert “so”.

(6) In paragraph 27(1)—

(a) omit “, with the consent of the Secretary of State,”, and

(b) at the end insert—

“The consent of the Secretary of State is required for the giving of directions by the Housing Corporation.”

(7) In paragraph 27(4), for “The consent” substitute “If the transfer is directed by the Housing Corporation, the consent”.

(8) In paragraph 28(2), in the entry relating to section 79 of the [1985 c. 69.] Housing Associations Act 1985, for “Housing Corporation” substitute “Relevant Authority”.

97 (1) Schedule 2 (social rented sector: housing complaints) is amended as follows.

(2) In paragraph 6(2), for “Corporation” (in both places) substitute “Housing Corporation”.

(3) In paragraph 11(4), for “Corporation” (in both places) substitute “Housing Corporation”.