Greater London Authority Act 1999

[F1 Part 7A E+W Housing [F2 and regeneration]

Textual Amendments

F1 Pt. 7A inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(4), 59(5)

F2 Words in Pt. 7A heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(2), 240(2); S.I. 2012/57, art. 4(1)(v) (with arts. 6, 7, 9-11)

[F3 Functions in relation to land E+W

Textual Amendments

F3 Ss. 333ZA-333ZJ and cross-headings inserted (15.1.2012 for the insertion of ss. 333ZA-333ZD and the heading immediately preceding s. 333ZA, 1.4.2012 so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

333ZA Compulsory acquisition of land E+W

(1) The Authority may acquire land in Greater London compulsorily for the purposes of housing or regeneration.

(2) The Authority may exercise the power in subsection (1) only if the Secretary of State authorises it to do so.

(3) The power in subsection (1) includes power to acquire new rights over land.

(4) Subsection (5) applies where—

(a) land forming part of a common, open space or allotment is being acquired under subsection (1), or

(b) new rights are being acquired under subsection (1) over land forming part of a common, open space or allotment.

(5) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for that land or those new rights.

(6) Part 1 of Schedule 2 to the Housing and Regeneration Act 2008 (compulsory acquisition of land by the Homes and Communities Agency) applies in relation to the acquisition of land under subsection (1) as it applies in relation to the acquisition of land under section 9 of that Act.

(7) In that Part of that Schedule as applied by subsection (6)—

(a) references to section 9 of that Act are to be read as references to subsection (1),

(b) references to the Homes and Communities Agency are to be read as references to the Authority, and

(c) references to Part 1 of that Act are to be read as references to this Part.

(8) The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than section 31) apply, so far as applicable, to the acquisition by the Authority of land by agreement for the purposes of housing or regeneration.

(9) In this section—

• “allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981;

• “open space” means any land which is—

  (a)

  laid out as a public garden,

  (b)

  used for the purposes of public recreation, or

  (c)

  a disused burial ground.

333ZB Powers in relation to land F4 ... held for housing or regeneration purposes E+W

[F5 (1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by the Homes and Communities Agency) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.]

(2) In that Schedule as applied by subsection (1)—

(a) references to the Homes and Communities Agency are to be read as references to the Authority [F6 , and]

F7 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration.

(3) Schedule 4 to that Act (powers in relation to, and for, statutory undertakers) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.

(4) In that Schedule as applied by subsection (3)—

(a) references to the Homes and Communities Agency are to be read as references to the Authority,

(b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration,

(c) references to Part 1 of that Act are to be read as references to this Part, and

(d) references to the functions of the Homes and Communities Agency under Part 1 of that Act are to be read as references to the functions of the Authority relating to housing or regeneration.

[F8 (5) In this section references to the Authority include a company or body through which the Authority exercises functions in relation to housing or regeneration.

(6) Subsection (5) does not affect the application of Parts 3 and 4 of Schedule 4 to the Housing and Regeneration Act 2008—

(a) in relation to the acquisition of land by the Authority under this Part, or

(b) in relation to land in respect of which functions of the Authority relating to housing or regeneration are being or have been exercised.]

Textual Amendments

F4 Words in s. 333ZB heading omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(4); S.I. 2016/733, reg. 3(m) (with reg. 10)

F5 S. 333ZB(1) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(2); S.I. 2016/733, reg. 3(m) (with reg. 10)

F6 Word in s. 333ZB(2)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(3)(a); S.I. 2016/733, reg. 3(m) (with reg. 10)

F7 S. 333ZB(2)(aa) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(3)(b); S.I. 2016/733, reg. 3(m) (with reg. 10)

F8 S. 333ZB(5)(6) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(9), 57(5)(e) (with s. 32(11)(12))

333ZC Disposal etc of land held for housing and regeneration purposes E+W

(1) The Authority may not dispose of land held by it for the purposes of housing or regeneration for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.

(2) Consent under subsection (1)—

(a) may be general or specific;

(b) may be given unconditionally or subject to conditions.

(3) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—

(a) the grant of a term of not more than 7 years, or

(b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.

(4) A disposal of land by the Authority is not invalid merely because any consent required by subsection (1) has not been given.

(5) A person dealing with—

(a) the Authority, or

(b) a person claiming under the Authority,

in relation to any land need not be concerned as to whether any consent required by subsection (1) has been given.

Modifications etc. (not altering text)

C1 S. 333ZC excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 35(1) (with art. 35(3))

F9 333ZD Power to enter and survey land E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 333ZD omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 25; S.I. 2016/733, reg. 3(h) (with reg. 6)

Social housing E+W

333ZE Social housing E+W

(1) Subject to subsection (2), sections 31 to 36 of the Housing and Regeneration Act 2008 (social housing functions) apply in relation to the Authority as they apply in relation to the Homes and Communities Agency.

(2) In those sections as applied by subsection (1)—

(a) references to the Homes and Communities Agency are to be read as references to the Authority,

(b) the definition of “social housing assistance” in section 32(13) is to be read as if the reference to financial assistance given under section 19 of that Act were to financial assistance given by the Authority,

(c) section 34 is to be read as if subsection (1) were omitted, and

(d) section 35(1) is to be read as if the reference to section 19 of the Housing and Regeneration Act 2008 were omitted and as if the reference in paragraph (b) to a dwelling in England outside Greater London were to a dwelling in Greater London.

(3) Sums received by the Authority in respect of repayments of grants made by it for the purposes of social housing are to be used by it for those purposes.

333ZF Relationship with the Regulator of Social Housing: general E+W

(1) The Authority must, in the exercise of its housing and regeneration functions, co-operate with the Regulator of Social Housing (referred to in this Part as “the Regulator”).

(2) In particular, the Authority must consult the Regulator on matters likely to interest the Regulator in the exercise of its social housing functions.

(3) The Regulator must, in the exercise of its social housing functions, co-operate with the Authority.

(4) In particular, the Regulator must consult the Authority on matters likely to interest the Authority in the exercise of its housing and regeneration functions.

333ZG Relationship with the Regulator of Social Housing: directions E+W

(1) The Regulator may direct the Authority not to give financial assistance in connection with social housing to a specified registered provider of social housing.

(2) A direction may be given if—

(a) the Regulator has decided to hold an inquiry into affairs of the registered provider of social housing under section 206 of the Housing and Regeneration Act 2008 (and the inquiry is not concluded),

(b) the Regulator has received notice in respect of the registered provider of social housing under section 145 of that Act, or

(c) the Regulator has appointed an officer of the registered provider of social housing under section 269 of that Act (and the person appointed has not vacated office).

(3) A direction may prohibit the Authority from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider of social housing).

(4) A direction may not prohibit grants to a registered provider of social housing in respect of discounts given by the provider on disposals of dwellings to tenants.

(5) A direction has effect until withdrawn.

(6) In this section the following terms have the same meaning as in Part 2 of the Housing and Regeneration Act 2008—

• “disposal” (see section 273 of that Act);

• “dwelling” (see section 275 of that Act);

• “tenant” (see section 275 of that Act).

333ZH Relationship with the Regulator of Social Housing: further provisions E+W

(1) Subsection (2) applies if the Authority is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.

(2) The Authority must consult the Regulator about the proposals.

(3) The Authority must notify the Regulator at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by section 32(2) to (4) of the Housing and Regeneration Act 2008 (recovery etc of social housing assistance).

(4) The Authority must consult the Regulator before making a general determination under section 32 or 33 of the Housing and Regeneration Act 2008.

(5) For the purposes of this section a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.

(6) In this section “low cost home ownership accommodation” has the meaning given by section 70 of the Housing and Regeneration Act 2008.

Exercise of functions in relation to certain property etc E+W

333ZI Exercise of functions by the Authority in relation to certain property etc E+W

(1) The Authority may do in relation to any property, rights or liabilities, or any undertaking, to which this section applies anything that the Commission for the New Towns or (as the case may be) an urban development corporation could do in relation to the property, rights or liabilities or the undertaking.

(2) This section applies to—

(a) any property, rights or liabilities that—

(i) have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and

(ii) were transferred to the Homes and Communities Agency from the Commission for the New Towns by virtue of section 51 of and Schedule 6 to the Housing and Regeneration Act 2008,

(b) an undertaking, or part of an undertaking, of an urban development corporation that has been or is to be transferred to the Authority by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980,

(c) any property, rights or liabilities of an urban development corporation that have been or are to be transferred to the Authority by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980, and

(d) any property, rights or liabilities that—

(i) have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and

(ii) were transferred to the Homes and Communities Agency from an urban development corporation by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980.

(3) In any enactment (whenever passed or made) references to the Authority's new towns and urban development functions are to its functions in relation to any property, rights or liabilities, or any undertaking, to which this section applies (whether exercisable by virtue of this section or otherwise).

(4) In subsection (3) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Grants for housing and regeneration purposes E+W

333ZJ Grants to the Authority for housing and regeneration purposes E+W

(1) The Secretary of State may pay to the Authority grants of such amounts as the Secretary of State may, with the Treasury's consent, determine in respect of the exercise of the Authority's functions relating to housing and regeneration.

(2) A grant under this section may be paid at such times, or in such instalments at such times, as the Secretary of State may, with the Treasury's consent, determine.

(3) A grant under this section may be made subject to such conditions as the Secretary of State may determine.

(4) Conditions under subsection (3) may, in particular, include—

(a) provision as to the use of the grant;

(b) provision as to the use of any funds generated by activities funded by the grant;

(c) provision as to the circumstances in which the whole or part of the grant must be repaid.]

[F10 The London housing strategy] E+W

Textual Amendments

F10 S. 333A cross-heading inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(1), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

333A The London housing strategy E+W

(1) The Mayor shall prepare and (subject to section 333B(1) below) publish a document to be known as the “London housing strategy”.

(2) The London housing strategy shall contain—

(a) the Mayor's assessment of housing conditions in Greater London and of the needs of Greater London with respect to the provision of further housing accommodation;

(b) any proposals or policies of the Mayor to promote the improvement of those conditions and the meeting of those needs;

(c) a statement of the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving those conditions and meeting those needs;

(d) a statement of the Mayor's spending [F11 proposals] for the relevant period.

(3) The Mayor's spending [F12 proposals] for any period are—

(a) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be made available to the [F13 Authority];

[F14 (b) proposals as to the exercise by the Authority of its functions of giving housing financial assistance (see subsection (4) below);]

(c) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be granted to each local housing authority in Greater London.

[F15 (4) Proposals under subsection (3)(b) above may include—

(a) proposals as to the amount of housing financial assistance to be given for different activities or purposes;

(b) proposals as to the number, type and location of houses to be provided by means of housing financial assistance.]

(5) The London housing strategy shall contain a statement of the Mayor's expectations as to how local housing authorities will use any money granted to them as mentioned in subsection (3)(c) above.

(6) The London housing strategy shall also contain such other matters relating to housing in Greater London as the Secretary of State may direct.

(7) In preparing or revising the London housing strategy the Mayor shall have regard to—

(a) the effect of his proposals and policies on any region which adjoins Greater London;

(b) any guidance given to him by the Secretary of State regarding the preparation or revision of the strategy.

(8) In preparing or revising the London housing strategy the Mayor shall consult—

(a) the [F16 Homes and Communities Agency ];

[F17 (ab) the Regulator of Social Housing;]

(b) such bodies as appear to him to be representative of [F18 private registered providers of social housing].

(9) Where the Mayor revises the London housing strategy, he shall (subject to section 333B(1) below) publish it as revised.

(10) In this section—

• “housing accommodation” and “house” are to be construed in accordance with section 56 of the Housing Act 1985;

• [F19 “housing financial assistance” means financial assistance given [F20 by the Authority] in connection with the provision of housing accommodation;]

• “local housing authority” has the same meaning as in section 1 of the Housing Act 1985;

• [F21 “provide”, in relation to houses or housing accommodation, includes—

  (a)

  provide by way of acquisition, construction, conversion, improvement or repair; and

  (b)

  provide indirectly;]

• “region” has the same meaning as in section 1 of the Regional Development Agencies Act 1998;

• F22 ...

• “the relevant period” means such period as is specified by the Secretary of State in guidance under subsection (7)(b) above;

F23 ...

(11) In this Act, references to the London housing strategy include, except where the context otherwise requires, a reference to the London housing strategy as revised.

Textual Amendments

F11 Word in s. 333A(2)(d) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(3), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F12 Word in s. 333A(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(4)(a), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F13 Word in s. 333A(3)(a) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(4)(b), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F14 S. 333A(3)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(4)(c), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F15 S. 333A(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(5), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F16 Words in s. 333A(8)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(4); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F17 S. 333A(8)(ab) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 116(2)(a) (with art. 6, Sch. 3)

F18 Words in s. 333A(8)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 116(2)(b) (with art. 6, Sch. 3)

F19 Words in s. 333A(10) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(5)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F20 Words in s. 333A(10) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(6), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F21 Words in s. 333A(10) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(5)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F22 Words in s. 333A(10) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 116(3), Sch. 4 (with art. 6, Sch. 3)

F23 Words in s. 333A(10) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(5)(c), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)

Modifications etc. (not altering text)

C2 S. 333A(8) modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 6 (with art. 6)

C3 S. 333A(10) modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 6 (with art. 6)

333B Submission of draft strategy to Secretary of State before publication E+W

(1) The Mayor shall not publish the London housing strategy under section 333A(1) or (9) above until—

(a) he has submitted to the Secretary of State a draft of the strategy he intends to publish together with a statement of that intention, and

(b) the condition in subsection (2) is met.

(2) The condition is that—

(a) the consideration period has expired without the Secretary of State giving a direction under subsection (4) below, or

(b) the Secretary of State has given such a direction and the Mayor has complied with it.

(3) If the Secretary of State considers that—

(a) the draft strategy is inconsistent with current national policies relating to housing, or

(b) the implementation of the draft strategy would be detrimental to the interests of a region (within the meaning of section 333A above) which adjoins Greater London,

subsection (4) below applies.

(4) If, in any such case, the Secretary of State considers it expedient to do so for the purpose of—

(a) removing the inconsistency mentioned in subsection (3)(a) above, or

(b) avoiding the detriment mentioned in subsection (3)(b) above,

he may direct the Mayor to make such modifications to the draft as are specified in the direction.

(5) If the Secretary of State gives a direction under this section, the Mayor must make the modifications specified in the direction.

(6) The Secretary of State must consult the Mayor before giving him a direction under this section.

(7) The consideration period is—

(a) the period of 6 weeks beginning with the date notified to the Mayor by the Secretary of State as the date on which he received the draft strategy and statement of intention to publish it, or

(b) such longer period beginning with that date as the Secretary of State may specify in any particular case.

333C Reviews of the strategy E+W

(1) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction,—

(a) review the London housing strategy or such part of it as may be specified in the direction, and

(b) make such revisions of the strategy or that part as he considers necessary in consequence of the review.

(2) The Secretary of State must consult the Mayor before giving him a direction under this section.

(3) Subsection (1) does not affect section 41(2) above.

333D Duties of [F24 the Authority] and local authorities E+W

(1) In exercising any function [F25 relating to ][F26 housing or regeneration, the Authority] shall have regard to the London housing strategy.

(2) Any local housing strategy prepared by a local housing authority in Greater London must be in general conformity with the London housing strategy.

(3) In subsection (2)—

• “local housing strategy” means—

  (a)

  F27 ...

  (b)

  any F28 ... statement of the local housing authority's policies or proposals relating to housing;

• “local housing authority” has the same meaning as in section 333A above.]

Textual Amendments

F24 Words in s. 333D heading substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(8), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F25 Words in s. 333D(1) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 74(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F26 Words in s. 333D(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(9), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)

F27 Words in s. 333D(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 29(6)(b)(i), 115(3)(c)

F28 Word in s. 333D(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 29(6)(b)(ii), 115(3)(c)

Modifications etc. (not altering text)

C4 S. 333D(1) modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 6(3) (with art. 6)

[F29 333DA Transfer schemes E+W

(1) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a specified public body to—

(a) the Authority, or

(b) a company or body through which the Authority exercises functions in relation to housing or regeneration.

(2) In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.

(3) On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(4) The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.

(5) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).

(6) In this section—

• “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

• “public body” means a person or body with functions of a public nature.

(7) This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—

(a) Her Majesty in right of the Crown,

(b) Her Majesty in right of Her private estates,

(c) Her Majesty in right of the Duchy of Lancaster, or

(d) the Duchy of Cornwall.

(8) The reference in subsection (7) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

Textual Amendments

F29 Ss. 333DA-333DC inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(6), 57(5)(e)

333DB Further provisions about transfer schemes E+W

(1) A transfer scheme may—

(a) create for the transferor interests in, or rights over, property transferred by virtue of the scheme,

(b) create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,

(c) create rights or liabilities between the transferor and a transferee or between transferees.

(2) A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

(3) In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(4) It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.

(5) A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.

(6) A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

(7) A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

(8) Anything which—

(a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and

(b) is in effect immediately before the transfer date,

is to be treated as done by the transferee.

(9) There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a) which relates to anything transferred by virtue of a transfer scheme, and

(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.

(10) Subsection (11) applies to any document—

(a) which relates to anything transferred by virtue of a transfer scheme, and

(b) which is in effect immediately before the transfer date.

(11) Any references in the document to the transferor are to be read as references to the transferee.

(12) A transfer scheme may include supplementary, incidental, transitional and consequential provision.

(13) In this section—

• “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;

• “transfer scheme” means a transfer scheme under section 333DA;

• “transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.

Textual Amendments

F29 Ss. 333DA-333DC inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(6), 57(5)(e)

333DC Tax consequences of transfers under section 333DA E+W

(1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—

(a) any property, rights or liabilities transferred in accordance with a transfer scheme, or

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.

(2) The provision that may be made under subsection (1)(a) includes, in particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

(b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

(3) The provision that may be made under subsection (1)(b) includes, in particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;

(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

(4) In this section—

• “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;

• “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;

• “tax provision” means a provision of an enactment about a relevant tax;

• “transfer scheme” means a transfer scheme under section 333DA.

(5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme include references to—

(a) the creation of interests, rights or liabilities under the scheme, and

(b) the modification of interests, rights or liabilities under the scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).]

Textual Amendments

F29 Ss. 333DA-333DC inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(6), 57(5)(e)

[F30 Interpretation E+W

Textual Amendments

F30 S. 333E and cross-heading inserted (15.1.2012 for specified purposes, 1.4.2012 so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(4), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

333E Interpretation of Part 7A E+W

In this Part—

• “building” means a building or other structure (including a house-boat or caravan);

• “caravan” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960;

• “housing” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation;

• “land” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978);

• “the Regulator” has the meaning given by section 333ZF(1);

• “social housing” (except as part of the expression “social housing functions”) has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see section 68 of that Act).]