Part II Housing Associations
GrantsF11...
C1C2E1C3C4C5C652 Recovery etc. of grants.
1
Where a grant to which this section applies, that is to say—
a
a grant under section 50 or 51 above, or
b
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
c
a grant under section 2(2) of the M1Housing (Scotland) Act 1988,
has been made to a F13relevant housing association, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the F12appropriate authority may from time to time determine (in this section referred to as “relevant events”).
2
The F12appropriate authority. . . may—
a
reduce the amount of, or of any payment in respect of, the grant;
b
suspend or cancel any instalment of the grant; or
c
and a direction under paragraph (c) above F2may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.
3
Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the F12appropriate authority and, if so required by written notice of the F12appropriate authority, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
4
Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the F12appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M2Land Registration Act 1988 for the coming into force of that Act.
5
Where—
a
a grant to which this section applies has been made to an association, and
b
at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other F14relevant housing association, or trustees for some other such association,
this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.
6
The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
a
the F12appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
b
the F12appropriate authority may determine to be appropriate.
7
A direction under subsection (2)(c) above F3requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—
a
the rate or rates of interest (whether fixed or variable) which is or are applicable;
b
the date from which interest is payable, being not earlier than the date of the relevant event; and
c
any provision for suspended or reduced interest which is applicable.
8
In subsection (7)(c) above—
a
the reference to a provision for suspended interest is a reference to a provision whereby, if F4the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
b
the reference to a provision for reduced interest is a reference to a provision whereby, if F5the principle amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
9
The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
a
such as the F12appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
b
such as the F12appropriate authority may determine to be appropriate in the particular case.
F159A
In this section and sections 53 and 54—
“the appropriate authority”—
- a
in relation to an English relevant housing association F16and property outside Greater London, means the Homes and Communities Agency,
- aa
F17in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and
- b
in relation to a Welsh relevant housing association, means the Welsh Ministers,
- a
“ relevant housing association ” means—
- a
a housing association which is a registered provider of social housing (“an English relevant housing association”), and
- b
a housing association which is a registered social landlord (“a Welsh relevant housing association”).
- a
9B
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
a
Part 1 of the Housing Act 1996,
b
Part 1 of the 1985 Act, or
c
any corresponding earlier enactment.
E2C652 Recovery etc. of grants.
1
Where a grant to which this section applies, that is to say—
a
a grant under section 50 or 51 above, or
b
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
c
a grant under section 2(2) of the M3Housing (Scotland) Act 1988,
has been made to a registered F6social landlord, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).
2
The Corporation, acting in accordance with such principles as it may from time to time determine, may—
a
reduce the amount of, or of any payment in respect of, the grant;
b
suspend or cancel any instalment of the grant; or
c
and a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.
3
Where, after a grant to which this section applies has been made to F8a registered social landlord, a relevant event occurs, the F8landlord shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
4
Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to F8a registered social landlord , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M4Land Registration Act 1988 for the coming into force of that Act.
5
Where—
a
a grant to which this section applies has been made to F9a registered social landlord, and
b
this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other F9landlord.
6
The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
a
the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
b
the Corporation may determine to be appropriate.
7
A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—
a
the rate or rates of interest (whether fixed or variable) which is or are applicable;
b
the date from which interest is payable, being not earlier than the date of the relevant event; and
c
any provision for suspended or reduced interest which is applicable.
8
In subsection (7)(c) above—
a
the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
b
the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
9
The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
a
such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
b
such as the Corporation may determine to be appropriate in the particular case.
F159A
In this section and sections 53 and 54—
“the appropriate authority”—
- a
in relation to an English relevant housing associationF16and property outside Greater London, means the Homes and Communities Agency,
- aa
F17in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and
- b
in relation to a Welsh relevant housing association, means the Welsh Ministers,
- a
“ relevant housing association ” means—
- a
a housing association which is a registered provider of social housing (“an English relevant housing association”), and
- b
a housing association which is a registered social landlord (“a Welsh relevant housing association”).
- a
9B
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
a
Part 1 of the Housing Act 1996,
b
Part 1 of the 1985 Act, or
c
any corresponding earlier enactment.
F1010
In this section and section 53, “registered social landlord” has the same meaning as in the F18Housing (Scotland) Act 2010 (asp 17).
Words in s. 50 cross-heading repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 45, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)