Housing and Planning Act 2016

PART 3 Abolition of disposal proceeds fund

32 The Housing and Regeneration Act 2008 is amended as follows.

33 Omit—

(a) sections 177 and 178;

(b) the italic heading before section 177.

34 (1) Section 181 (meaning of “publicly funded” for purposes of provisions about right to acquire) is amended as follows.

(2) After subsection (2) insert—

“(2A) Condition 2 is that—

(a) the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b) before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.”

(3) In subsection (3), for “2” substitute “3”.

(4) After subsection (3) insert—

“(3A) In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.”

(5) In subsections (4) and (5), for “3” substitute “4”.

(6) In subsection (6), for “4” substitute “5”.

35 Regulations under section 213 in connection with the coming into force of paragraph 33 may, in particular, include provision to preserve the effect of sections 177 and 178 of the Housing and Regeneration Act 2008 for a period in relation to sums in a private registered provider’s disposal proceeds fund immediately before that paragraph comes into force (including later interest added under section 177(7) of that Act).