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SCHEDULES

SCHEDULE 16U.K. Housing for Wales

Commencement Information

I1Sch. 16 in force at 1.11.1998 by S.I. 1998/2244, art. 5

The Housing Associations Act 1985 (c.69)U.K.

23U.K.The Housing Associations Act 1985 has effect subject to the following amendments.

24U.K.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

25U.K.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

26U.K.F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

27(1)Section 69 (power to vary or terminate certain agreements with housing associations) is amended as follows.U.K.

(2)[F4In subsection (1)(a), after “Housing for Wales” insert “ and then to the Secretary of State ”.]

(3)In subsection (2)—

(a)for “On the application of a party to an agreement to which this section applies, the Secretary of State” substitute “ If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he ”, and

(b)at the end (but not as part of paragraph (b)) insert— “ and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated. ”

(4)[F4In subsection (2A)—

(a)after “Housing for Wales”, in the first place, insert “ and then to the Secretary of State ”, and

(b)for “Housing for Wales”, in the second place, substitute “ the Secretary of State ”.]

Textual Amendments

28U.K.

[F5Subject to the following provisions, in each place in Part III (including headings and sidenotes) except in Schedule 6 and the phrase “Housing Corporation”—

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

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

Textual Amendments

29U.K.

29[F6(1)Section 74 (interpretation) is amended as follows.U.K.

(2)In subsection (1), for “, and Housing for Wales, each of which” substitute “and the Secretary of State.

(1A)Each of them”.

(3)In subsection (4)(a), for “Housing for Wales” substitute “ the Secretary of State ”.]

Textual Amendments

F730U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 16 para. 30 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

31U.K.

[F8In section 76(1), (2) and (4) (directions by the Secretary of State), for “Corporation” substitute “ Housing Corporation ”.]

Textual Amendments

32U.K.F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33U.K.

[F10In section 77(3) (joint provision of advisory service by Housing Corporation and Housing for Wales), for “Housing for Wales” substitute “ the Secretary of State ”.]

Textual Amendments

34U.K.F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

35(1)Section 79 (lending powers) is amended as follows.U.K.

(2)For subsections (1) and (2) substitute—

“(1)The Relevant Authority may lend to a registered social landlord or an unregistered self-build society, and the Housing Corporation may lend to any of its subsidiaries or to any other body in which it holds an interest, for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects.

(2)The Relevant Authority may lend to an individual for the purpose of enabling him to acquire from—

(a)the Relevant Authority, or

(b)any body to which the Relevant Authority may lend under subsection (1),

a legal estate or interest in a dwelling which he intends to occupy.”

(3)[F12In subsection (4), after “and” insert “ (in the case of a loan by the Housing Corporation) ”.]

Textual Amendments

36U.K.

36[F13(1)Section 80 (security for loans to unregistered self-build societies) is amended as follows.U.K.

(2)In subsection (1), omit “, with the written consent of the Secretary of State,”.

(3)In subsection (3), omit “given with the like consent”.

(4)After that subsection insert—

“(3A)The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.”

(5)In subsection (4), for the words from “consent” to “or to” substitute “ give directions under this section requiring a society to transfer its interest in land to him or any other person, and shall not consent to the Housing Corporation’s giving such directions requiring a society to transfer its interest in land to the Housing Corporation or ”.]

Textual Amendments

37U.K.

37[F14(1)Section 83 (power to guarantee loans) is amended as follows.U.K.

(2)For subsection (1) substitute—

“(1)The Relevant Authority may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies; and the Housing Corporation may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by other bodies in which it holds an interest.”

(3)After that subsection insert—

“(1A)The consent of the Secretary of State given with the approval of the Treasury is required for the giving of a guarantee by the Housing Corporation and the approval of the Treasury is required for the giving of a guarantee by the Secretary of State.”

(4)In subsection (3A), for “Housing for Wales” (in each place) substitute “ the Secretary of State (or Housing for Wales) ”.]

Textual Amendments

38(1)Section 84 (agreements to indemnify certain lenders) is amended as follows.U.K.

(2)In subsection (1), omit “, with the approval of the Secretary of State,”.

(3)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (5), after “approval” insert “ and before himself entering into an agreement in a form about which he has not previously consulted under this subsection ”.

Textual Amendments

39U.K.In section 85(4) (meaning of “relevant advance”)—

(a)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)at the end (but not as part of the list) insert— “ or an advance made to such a person by the Secretary of State if the conveyance, assignment or grant was made under section 90. ”

Textual Amendments

40U.K.In section 87(2) (ways in which financial assistance under the section may be given), after “giving any form of financial assistance” insert “ under this section ”.

41U.K.F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

42(1)Section 90 (disposal of land) is amended as follows.U.K.

(2)In subsection (1), for the words “(ancillary development)” onwards substitute “ (ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest. ”

(3)In subsection (2), for the words following “new town corporation” substitute “, or

Scottish Homes;

and the Housing Corporation may dispose of any such land to any of its subsidiaries. ”

(4)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

43U.K.F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44U.K.F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

45U.K.F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

46U.K.F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

47U.K.F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

48U.K.F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

49U.K.F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50U.K.F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

51U.K.F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

52U.K.In paragraph 6(2)(b) of Part I of Schedule 5 (payments by Secretary of State where dwellings become vested in certain bodies), omit “or Housing for Wales”.

53(1)Schedule 7 (powers exercisable where loan outstanding under section 2 of the M1Housing Act 1964) is amended as follows.U.K.

(2)In paragraph 2—

(a)in sub-paragraph (1), omit “, with the consent in writing of the Secretary of State,”,

(b)in sub-paragraph (2), omit “given with the like consent”, and

(c)after that sub-paragraph insert—

“(3)The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.”

(3)[F28In paragraph 3—

(a)for “Corporation” (in both places) substitute “ Housing Corporation ”, and

(b)at the end insert “ ; and the Secretary of State shall not give a housing association directions under paragraph 2 unless he at the same time makes, or has previously made, such a scheme. ”]

(4)[F28Paragraph 4 shall be renumbered as sub-paragraph (1) of that paragraph and—

(a)in that sub-paragraph, for “Corporation” (in both places) substitute “ Housing Corporation ”, and

(b)after that sub-paragraph insert—

“(2)The Secretary of State shall not give to such an association directions under paragraph 2 requiring the association to transfer any land to the Secretary of State, or to any other person, unless he is so satisfied.”]

(5)[F28In paragraph 5—

(a)in sub-paragraph (1), for “Corporation” (in both places) substitute “ Housing Corporation ”,

(b)after that sub-paragraph insert—

“(1A)If it so appears to the Secretary of State, he may make a scheme.”,

(c)in sub-paragraphs (3), (4) and (5), for “Corporation” substitute “ Housing Corporation ”, and

(d)after sub-paragraph (5) insert—

“(6)Where the Secretary of State makes the scheme, he shall have power to acquire for the purposes of the scheme the association’s interest in the land and to carry through the provisions of the scheme.”]

Textual Amendments

Marginal Citations