Housing Act 1985

PART IE+W INTRODUCTORY PROVISIONS

Local housing authoritiesE+W

1 Local housing authorities.E+W

In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London [F1a Welsh county council or county borough council]or the Council of the Isles of Scilly.

2 The district of a local housing authorityE+W

(1)References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London [F2the Welsh county or county borough,]or the Isles of Scilly, as the case may be.

(2)References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.

3 Buildings situated in more than one district.E+W

(1)Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—

(a)the building, or

(b)the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,

shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.

(2)Whilst the agreement is in force the enactments relating to housing have effect accordingly.

Other authorities and bodiesE+W

4 Other descriptions of authority.E+W

In this Act—

(a)“housing authority” means a local housing authority [F3or a new town corporation];

(b)“new town corporation” means a development corporation or the Commission for the New Towns;

(c)“development corporation” means a development corporation established by an order made, or having effect as if made, under the M1New Towns Act 1981;

(d)“urban development corporation” means an urban development corporation established under Part XVI of the M2Local Government, Planning and Land Act 1980;

(e)“local authority” means a county, [F4county borough,]district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly [F5, in sections 43, 44 and 232 includes the Broads Authority][F6, in sections 438, 441, 442, 443 and 458 includes the Broads Authority and a joint authority established by Part IV of the M3Local Government Act 1985][F7and the London Fire and Emergency Planning Authority], and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), F8. . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes F9. . . [F10the Broads Authority][F6, a police authority established under [F11section 3 of the Police Act 1996,]]. . . F12. . . F13. . . F9. . . a joint authority established by Part IV of the Local Government Act 1985 [F7 and the London Fire and Emergency Planning Authority].

[F14(f)“housing action trust” means a housing action trust established under Part III of the Housing Act 1988]

5 Housing associations.E+W

(1)In this Act “housing association” means a society, body of trustees or company—

(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2)In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a society registered under the M4Industrial and Provident Societies Act 1965.

(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

[F15(4)In this Act “registered social landlord” means—

(a)a housing association registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996, or

(b)a housing association registered in the register maintained by [F16the Secretary of State]] under section 1 of the Housing Act 1996,

subject as follows.

(5)References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations)..

6 Housing trusts.E+W

In this Act “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

[F176A The CorporationE+W

(1)In this Act “the [F18Relevant Authority]]” means the Housing Corporation, [F19the Secretary of State] or Scottish Homes, subject as follows.

(2)In relation to a housing association which is—

(a)a registered charity which has its address for the purposes of registration by the [F20Charity Commission] in Wales,

(b)a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Wales, or

(c)a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Wales,

“the [F18Relevant Authority]” means [F19the Secretary of State].

(3)In relation to a housing association which is a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Scotland, “the [F18Relevant Authority]” means Scottish Homes.

(4)In relation to any other housing association which is a registered charity, a society registered under the Industrial and Provident Societies Act 1965 or a company registered under the Companies Act 1985, “the [F18Relevant Authority]” means the Housing Corporation.

(5)In this section “registered charity” means a charity which is registered under section 3 of the Charities Act 1993 and is not an exempt charity within the meaning of that Act .

Supplementary provisionsE+W

7 Index of defined expressions: Part I.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—