Part IVE+W+S General Provisions

General provisionsE+W+S

103 Application to Isles of Scilly.E+W+S

(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

104 Local housing authorities.E+W+S

(1)In this Act “local housing authority”—

(a)in relation to England and Wales, has the meaning given by section 1 of the M1Housing Act 1985, and

(b)in relation to Scotland, means [F1a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2)References in this Act to the district of a local housing authority—

(a)in England and Wales shall be construed in accordance with section 2 of the Housing Act 1985, and

(b)in Scotland are to the [F2area of a council mentioned in subsection (1)(b) above].

105Members of a persons familyE+W+S

[F3(1)A person is a member of another's family if—

(a)he is the spouse [F4or civil partner] of that person, or he and that person live together as husband and wife, [F5or in a relationship which has the characteristics of the relationship between civil partners] or

(b)he is that person's parent, grandparent, child, grand- child, brother, sister, uncle, aunt, nephew or niece.

(2)For the purposes of subsection (1)(b)—

(a)a relationship by marriage [F6 or civil partnership] shall be treated as a relation- ship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.]

106 Minor definitions — general.E+W+S

(1)In the application of this Act in England and Wales—

• [F7“bank” means—

  (a)

  [F8an institution authorised under the Banking Act 1987, or]

  (b)

  a company as to which the Secretary of State was satisfied immediately before the repeal of the M2Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;]

• [F7“the Companies Act” means the M3Companies Act 1985;]

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• [F7“friendly society” means a friendly society or branch of a friendly society registered under the M4Friendly Societies Act 1974 or earlier legislation;]

• “hostel” means a building in which is provided for persons generally or for a class or classes of persons—

  (a)

  residential accommodation otherwise than in separate and self-contained sets of premises, and

  (b)

  either board or facilities for the preparation of food adequate to the needs of those persons, or both;

• “house” includes—

  (a)

  any part of a building which is occupied or intended to be occupied as a separate dwelling;

  (b)

  any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F7“insurance company” means an insurance company to which Part II of the M5Insurance Companies Act 1982 applies;]

• “local authority” means a county, [F10county borough,] district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in [F11section 84(5)] includes F12... a joint authority established by Part IV of the M6Local Government Act 1985 [F13, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 [F14, a combined authority established under section 103 of that Act and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023]] F15... [F16and in section 85(4) includes such a joint authority [F17such an economic prosperity board, such a combined authority,] [F18such a combined county authority,] F19... [F20, a police and crime commissioner and the Mayor's Office for Policing and Crime]];

• “new town corporation” means [F21the Commission for the New Towns or] a development corporation within the meaning of the M7New Towns Act 1981;

• “shared ownership lease” means a lease—

  (a)

  granted on payment of a premium calculated by reference to a percentage of the value of the house or dwelling or of the cost of providing it, or

  (b)

  under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house or dwelling;

• [F7“trustee savings bank” means a trustee savings bank registered under the M8Trustee Savings Bank Act 1981 or earlier legislation;]

• “urban development corporation” means an urban development corporation established under Part XVI of the M9Local Government, Planning and Land Act 1980.

(2)In the application of this Act in Scotland—

• [F22“bank” has the same meaning as in subsection (1);]

• “charge” includes a heritable security;

• F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “dwelling” means a house;

• [F22“friendly society” has the same meaning as in subsection (1);]

• [F24“heritable security” means any security capable of being constituted over any [F25land, or real right in land, by disposition of the land, or assignation of the real right,] in security of any debt and of being recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland and which includes a security constituted by an ex facie absolute disposition or assignation or by a standard security;]

• “hostel” means—

  (a)

  in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board, and

  (b)

  in relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both;

• “house” includes—

  (a)

  any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, and

  (b)

  includes also any yard, garden, outhouses and pertinents belonging to the house or usually enjoyed with it;

• [F26“housing activities” has the same meaning as in subsection (1);]

• [F22“insurance company” has the same meaning as in subsection (1);]

• “local authority” means [F27a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “mortgage” means a heritable security and “mortgagee” means a creditor in such a security;

• “new town corporation” means a development corporation within the meaning of the M10New Towns (Scotland) Act 1968;

• F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final provisionsE+W+S

107 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Housing Associations Act 1985.

(2)This Act comes into force on 1st April 1986.

(3)The following provisions of this Act apply to England and Wales only—

• section 2,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

• section 8(2) and (3),

• sections 11 and 12,

• section [F3117(4)],

• section 18,

• section 20,

• section 31,

• sections 34 to 36,

• section 38,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

• section 58,

• section 67,

• section 69(3),

• section 81,

• sections 84 and 85,

• section 103,

• [F33section 105,]

• Schedules 2 and 3,

• In Schedule 4, Part I,

• In Schedule 5, Part I, paragraphs 1 and 2 of Part III and paragraph 1 of Part V.

(4)The following provisions of this Act apply to Scotland only—

• [F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

• section 15A]

• section 59,

• section 66,

• section 68,

• section 69(4),

• section 86,

• In Schedule 4, Part III,

• In Schedule 5, Part II, paragraphs 3 and 4 of Part III, Part IV and Part VII.

(5)This Act does not extend to Northern Ireland.