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Part IU.K. [F1Social Rented Sector in Wales]

Textual Amendments

F1Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter IIIU.K. Grants and other financial matters

Grants and other financial assistanceE+W

18 Social housing grants.E+W

(1)The [F2Relevant Authority] may make grants to registered social landlords in respect of expenditure incurred or to be incurred by them in connection with their housing activities.

(2)The [F2Relevant Authority]F3... shall specify in relation to grants under this section—

(a)the procedure to be followed in relation to applications for grant,

(b)the circumstances in which grant is or is not to be payable,

(c)the method for calculating, and any limitations on, the amount of grant, and

(d)the manner in which, and time or times at which, grant is to be paid.

(3)In making a grant under this section, [F4the Welsh Ministers] may provide that the grant is conditional on compliance by the landlord with such conditions as [F4the Welsh Ministers] may specify.

(4)The [F2Relevant Authority] may, with the agreement of a local housing authority, appoint the authority to act as its agent in connection with the assessment and payment of grant under this section.

[F5(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)[F6An appointment made by] the [F7Welsh Ministers] [F8under this section] , shall be on such terms as the [F7Welsh Ministers] may [F9specify;

and the authority shall act in accordance with those terms.]]

(6)Where—

(a)a grant under this section is payable to a registered social landlord, 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, another registered social landlord, or trustees for another such landlord,

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 (7), were payable to the other landlord.

(7)The proportion mentioned in subsection (6) is that which, in the circumstances of the particular case—

(a)[F4the Welsh Ministers], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b)[F4the Welsh Ministers] may determine to be appropriate.

F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F3Words in s. 18(2) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 8, Sch. 16

F4Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F5S. 18(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 85(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F7Words in s. 18(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C5S. 18(2)(7) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I1S. 18 wholly in force 1.4.1997: s. 18 not in force at Royal Assent, see s. 232(1)-(3); s. 18(2)(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 18 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

19 Land subject to housing management agreement.E+W

A registered social landlord is not entitled to a grant under section 18 (social housing grant) in respect of land comprised in a management agreement within the meaning of the M1Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities).

Marginal Citations

20 Purchase grant where right to acquire exercised.E+W

(1)The [F11Relevant Authority] shall make grants to registered social landlords [F12and [F13private registered providers] of social housing] in respect of discounts given by them to persons exercising the right to acquire conferred by section 16.

(2)The amount of the grant for any year shall be the aggregate value of the discounts given in that year.

(3)The [F11Relevant Authority]F14... shall specify in relation to grants under this section—

(a)the procedure to be followed in relation to applications for grant,

(b)the manner in which, and time or times at which, grant is to be paid.

(4)In making a grant [F4the Welsh Ministers] may provide that the grant is conditional on compliance by the registered social landlord [F15or [F16private registered provider] of social housing] with such conditions as [F4the Welsh Ministers] may specify.

Textual Amendments

F4Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F11Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F12Words in s. 20(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(3)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F14Words in s. 20(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 9, Sch. 16

F16Words in s. 20(4) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(3)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C8S. 20(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I2S. 20 wholly in force 1.4.1997: s. 20 not in force at Royal Assent, see s. 232(1)-(3); s. 20(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 20 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

21 Purchase grant in respect of other disposals.E+W

(1)The [F17Relevant Authority] may make grants to registered social landlords [F18and [F19private registered providers] of social housing ] in respect of discounts on disposals by them of dwellings [F20in Wales] to tenants otherwise than in pursuance of the right conferred by section 16.

(2)The [F17Relevant Authority] shall make such a grant if the tenant was entitled to exercise the right conferred by section 16 [F21or by section 180 of the Housing and Regeneration Act 2008] in relation to another dwelling of the [F22landlord or provider (as the case may be)] .

The amount of the grant in such a case shall not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(3)The [F17Relevant Authority]F23... shall specify in relation to grants under this section—

(a)the procedure to be followed in relation to applications for grant;

(b)the circumstances in which grant is or is not to be payable;

(c)the method for calculating, and any limitations on, the amount of grant; and

(d)the manner in which, and time or times at which, grant is to be paid.

(4)In making a grant under this section, [F4the Welsh Ministers] may provide that the grant is conditional on compliance by the registered social landlord [F24or [F25private registered provider] of social housing] with such conditions as [F4the Welsh Ministers] may specify.

Textual Amendments

F4Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F17Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F18Words in s. 21(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(a)(i), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F20Words in s. 21(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(a)(ii), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F21Words in s. 21(2) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(b)(i), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F22Words in s. 21(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(b)(ii), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F23Words in s. 21(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 10, Sch. 16

F24Words in s. 21(4) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C11S. 21(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I3S. 21 wholly in force 1.4.1997: s. 21 not in force at Royal Assent, see s. 232(1)-(3); s. 21(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 21 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

22 Assistance from local authorities.E+W

(1)A local authority may promote—

(a)the formation of bodies to act as registered social landlords, and

(b)the extension of the objects or activities of registered social landlords.

(2)A local authority may for the assistance of any registered social landlord subscribe for share or loan capital of the landlord.

(3)A local authority may for the assistance of a registered social landlord—

(a)make grants or loans to the landlord, or

(b)guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord.

(4)A local housing authority may sell or supply under a hire-purchase agreement furniture to the occupants of houses provided by a registered social landlord, and may buy furniture for that purpose.

In this subsection “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M2Consumer Credit Act 1974.

Modifications etc. (not altering text)

C12S. 22 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. para. 1

Marginal Citations

23 Loans by Public Works Loans Commissioners.E+W

(1)The Public Works Loans Commissioners may lend money to a registered social landlord—

(a)for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,

(b)for the purchase of dwellings which the landlord desires to purchase with a view to their improvement, and

(c)for the purchase and development of land.

(2)A loan for any of those purposes, and interest on the loan, shall be secured by a mortgage of—

(a)the land in respect of which that purpose is to be carried out, and

(b)such other lands (if any) as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of, and interest on, the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Commissioners, of the estate or interest in the land proposed to be so mortgaged.

(3)Loans may be made by instalments as the building of dwellings or other work on the land mortgaged under subsection (2) progresses (so, however, that the total amount lent does not at any time exceed the amount specified in that subsection); and a mortgage may accordingly be made to secure such loans to be so made.

(4)If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loans Commissioners shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they think fit.

(5)Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on mortgage of any land unless the estate proposed to be mortgaged is either an estate in fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.

(6)Where a loan under this section is made for the purpose of carrying out a scheme for the provision of houses approved by the [F26Welsh Ministers] , the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on the mortgage of an estate for a term of years absolute of which a period of not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan.

Textual Amendments

F26Words in s. 23(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C13S. 23 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. para. 1