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Housing Act 1985
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Changes to legislation:
Housing Act 1985, Section 446 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 446:
- specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 81A-81D and cross-heading inserted by 2016 c. 22 Sch. 7 para. 4 (This provision is amended by 2021 c. 7, ss. 79(3), 90(6); S.I 2021/1038, reg. 3(c))
- s. 81B(1)(b) words inserted by 2018 c. 11 s. 1(3)
- s. 81B(2A)-(2C) inserted by 2018 c. 11 s. 1(2)
- s. 81B(2C) words substituted by 2021 c. 17 s. 79(3)(a)(i) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
- s. 81B(2C) words substituted by 2021 c. 17 s. 79(3)(a)(ii) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
- s. 81B(2D) inserted by 2021 c. 17 s. 79(3)(b) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
- s. 82(A1)(A2) inserted by 2016 c. 22 s. 119(2)(a)
- s. 82A(4A)(4B) inserted by 2016 c. 22 Sch. 7 para. 7(2)
- s. 86(1A)(1B) inserted by 2016 c. 22 Sch. 7 para. 10(3)
- s. 86(1C) inserted by 2016 c. 22 Sch. 8 para. 2
- s. 86A-86F and cross-headings inserted by 2016 c. 22 Sch. 7 para. 11
- s. 86G s. 86A renumbered as s. 86G by 2016 c. 22 Sch. 8 para. 3(1)(a)
- s. 86G(8) inserted by 2016 c. 22 Sch. 8 para. 3(2)
- s. 88(1)(ba) inserted by 2016 c. 22 Sch. 8 para. 4
- s. 89(2A)-(2D) inserted by 2016 c. 22 Sch. 8 para. 5(3)
- s. 97(1A) inserted by 2016 c. 22 Sch. 7 para. 12(3)
- s. 99A(1A) inserted by 2016 c. 22 Sch. 7 para. 13(3)
- s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
- s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
- s. 305(1A) inserted by 2023 asc 3 Sch. 13 para. 68(b)
- s. 306(1A) inserted by 2023 asc 3 Sch. 13 para. 69(b)
- s. 353A inserted by 1996 c. 52 s. 73(1) (This amendment not applied to legislation.gov.uk. S. 73 repealed (6.4.2006 for E., 16.6.2006 for W.) by 2004 c. 34, Sch. 16; S.I. 2006/1060, art. 2(1)(e), Sch.; S.I. 2006/1535, art. 2(c), Sch.)
- s. 582(6)(aa)-(ac) substituted for s. 582(6)(a) by 2023 c. 55 Sch. 18 para. 4(2)(b)
- Sch. 1 para. 1ZA and cross-heading inserted by 2016 c. 22 Sch. 7 para. 17(2)
- Sch. 5A para. 3(3)(aa) inserted by 2023 c. 55 Sch. 18 para. 4(3)(b)(ii)
- Sch. 5A para. 3(6A) inserted by 2023 c. 55 Sch. 18 para. 4(3)(d)
446Forms of assistance and qualifying conditions.E+W
(1)Assistance under section 445 (assistence for first-time buyers) may be given in the following ways—
(a)the secured loan may be financed by the Secretary of State to the exent of £600 (that amount being normally additional to that which the institution would otherwise have lent, but not so that the total loan exceeds the loan value of the property);
(b)£600 of the total loan may be made free of interest, and of any obligation to repay principal, for up to five years from the date of purchase; and
(c)the institution may provide the purchaser with a bonus on his savings (which bonus shall be tax-exempt) up to a maximum of £110, payable towards the purchase or expenses arising in connection with it.
(2)The purchaser qualifies for assistance under subsection (1)(a) and (b) (interest-free loan) by satisfying the following conditions with respect to his own savings—
(a)that he has been saving with a recognised savings institution for at least two years preceding the date of his application for assistance,
(b)that throughout the twelve months preceding that date he had at least £300 of such savings, and
(c)that by that date he has accumulated at least £600 of such savings;
and he qualifies for assistance under subsection (1)(c) (bonus on savings) by satisfying the conditions specified in paragraphs (a) and (b) above.
(3)The Secretary of State may allow for the conditions to be relaxed or modified in particular classes of case.
(4)No assistance shall be given in any case unless the amount of the secured loan is at least £1,600 and amounts to not less than 25 per cent. of the purchase price of the property.
(5)The Secretary of State may by order made with the consent of the Treasury—
(a)alter any of the money sums specified in this section;
(b)substitute a longer or shorter period for either or both of the periods mentioned in subsection (2)(a) and (b) (conditions as to savings);
(c)alter the condition in subsection (2)(c) so as to enable the purchaser to satisfy it with lesser amounts of savings and to enable assistance to be given in such a case according to reduced scales specified in the order;
(d)alter the percentage mentioned in subsection (4) (minimum secured loan).
(6)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
Modifications etc. (not altering text)
C1Ss. 445–450: power to amend or repeal conferred by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(1)(a)(2)
C2S. 446(3) amended by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 171(3)(a)
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