Housing Associations Act 1985
1985 c. 69
An Act to consolidate certain provisions of the Housing Acts relating to housing associations, with amendments to give effect to recommendations of the Law Commission and of the Scottish Law Commission.
C1C2C3I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
A Table showing the derivations of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.
Act: certain functions transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act restricted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 22(4)
Act amended (E.W.) (24.9.1996) by 1996 c. 52, ss. 221(1)(b), 232(2)
Part I Regulation of Housing Associations
Introductory
1 Meaning of “housing association” and related expressions.
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 F1;
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
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.
2 Meaning of “housing trust”.
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 to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.
F42A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2BF5 Meaning of “registered housing association”, “registered social landlord” etc.
In this Act, unless the context otherwise requires—
“registered housing association” means a housing association registered in the register F6of social landlords maintained under F323section 20(1) of the Housing (Scotland) Act 2010 (asp 17),
F7“registered social landlord” has the same meaning as in Part I of the Housing Act 1996, and
F265“unregistered”, in relation to a housing association, meansF324notregistered in the register of social landlords maintained underF325section 20(1) of the Housing (Scotland) Act 2010 (asp 17).F265“unregistered”, in relation to a housing association, means—
- a
not registered as a provider of social housing under Part 2 of the Housing and Regeneration Act 2008,
- b
not registered as a social landlord under Part 1 of the Housing Act 1996, and
- c
not registered as a social landlord under F326Part 2 of the Housing (Scotland) Act 2010 (asp 17).
- a
Registration
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disposal of land
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C23C4F149F239Control of disposals by unregistered housing associations
F151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5F161A
Subject to section 10, the consent of F266the relevant regulator is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “F266the relevant regulator” means,—
b
if the land is in Wales, the Welsh Ministers.
2
F17Consent under this section may be so given—
a
generally to all housing associations or to a particular housing association or description of association;
b
in relation to particular land or in relation to a particular description of land;
and may be given subject to conditions.
3
A disposition by a housing association which requires F18consent under this section is valid in favour of a person claiming under the association notwithstanding that F18that consent has not been given; and a person dealing with the association, or with a person claiming under the association, shall not be concerned to see or inquire whether any such consent has been given.
This subsection has effect subject to section 12 (avoidance of certain dispositions of houses without consent).
F194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For the purposes of this section “disposition” means sale, lease, mortgage, charge or any other disposal.
F2686
Consent under this section must be in writing.
C24F2010 Dispositions excepted from s. 9.
1
A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of F320sections 117 to 121 and 124 of the Charities Act 2011 it cannot be made without an order of the court or the F193Charity Commission; but F21before making an order in such a case the F193Charity Commission shall consult,—
b
in the case of dispositions of land in Wales, the Welsh Ministers.
2
A letting F22... by an unregistered housing association which is a housing trust, is not within section 9 if it is—
a
a letting of land under a secure tenancy, or
b
a letting of land under what would be a secure tenancy but for any of paragraphs 2 to 12 of F23Schedule 1 to the Housing Act 1985 or F24paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 (tenancies excepted from being secure tenancies for reasons other than that they are long leases) F25or
c
a letting of land under an assured tenancy or an assured agricultural occupancy, or
d
a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, F270...
F270e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F337f
a letting of land under a tenancy or licence that is an occupation contract, or
g
a letting of land under a tenancy or licence under what would be an occupation contract if notice had been given (see Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1)), other than a long tenancy within the meaning of letting of the type described in paragraph 8 of that Schedule (meaning of long tenancies).
3
The grant by an unregistered housing association which does not satisfy the landlord condition in section 80 of the Housing Act 1985 (bodies which are capable of granting secure tenancies) of a lease for a term ending within the period of seven years and three months beginning on the date of the grant is not within section 9 unless—
a
there is conferred on the lessee (by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or
b
the lease is granted wholly or partly in consideration of a fine.
4
In subsection (3) the expression “lease” includes an agreement for a lease and a licence to occupy, and the expressions “grant” and “term” shall be construed accordingly.
F2611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12F27Avoidance of certain disposals of houses without consent.
A disposal of a house by a housing association made without the consent required by section 9 is void unless—
a
the disposal is to an individual (or to two or more individuals), and
b
the disposal does not extend to any other house.
Control of payments to members, etc.
F2813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3115A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution, change of rules, amalgamation and dissolution
F3216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3620. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3822. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3923. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts and audit
F4024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4427A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inquiries into affairs of housing associations
F4528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4831. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
F5033. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27133A Provision of services between the Corporations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Provision of land by county councils.
1
Where a housing association wishes to erect houses F51in Englandwhich in the opinion of the Secretary of State are required and the local housing authority in whose district the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing it to the association, the county council, on the application of the association, may acquire land for that purpose.
2
For that purpose the county council may exercise all the powers of a local housing authority under Part II of the M1Housing Act 1985 (provision of housing) in regard to the acquisition and disposal of land; and the provisions of that Act as to the acquisition of land by local housing authorities for the purposes of that Part apply accordingly.
35 Housing trusts: power to transfer housing to local housing authority.
1
A housing trust may—
a
sell or lease to the local housing authority the houses provided by the trust, or
b
make over to the authority the management of the houses.
2
So far as subsection (1) confers power to dispose of land—
F272za
it does not apply to private registered providers of social housing (on whom power to dispose of land is conferred by section 171 of the Housing and Regeneration Act 2008);
F52a
it does not apply to registered social landlords (on whom power to dispose of land is conferred by section 8 of the Housing Act 1996);.
b
it has effect subject to section 9 (dispositions requiring consent of F53Corporation) where the housing trust is an unregistered housing association and the land is grant-aided land (as defined in Schedule 1); and
c
it has effect subject to F321sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land) where the housing trust is a charity.
36 Housing trusts: functions of Secretary of State with respect to legal proceedings.
1
If it appears to the Secretary of State—
a
that the institution of legal proceedings is requisite or desirable with respect to any property belonging to a housing trust, or
b
that the expediting of any such legal proceedings is requisite or desirable,
he may certify the case to the Attorney-General who may institute legal proceedings or intervene in legal proceedings already instituted in such manner as he thinks proper in the circumstances.
2
Before preparing a scheme with reference to property belonging to a housing trust, the court or body which is responsible for making the scheme shall communicate with the Secretary of State and consider any recommendations made by him with reference to the proposed scheme.
F5436A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F5537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32238Definitions relating to charities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5639 Minor definitions.
In this Part—
F57“assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;
“assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.
F58“mental disorder” has the same meaning as in F59the M2Mental Health Act 1983 or the M3Mental Health (Scotland) Act 1984;
F338“occupation contract” has the same meaning as in section 7 of the Renting Homes (Wales) Act 2016 (anaw 1);
“secure tenancy” has the same meaning as in section 79 of the M4Housing Act 1985 or F6044 of the Housing (Scotland) Act 1987;
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6240 Index of defined expressions: Part I.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section or paragraph):—
F63appropriate registrar (in relation to a society registered under the 1965 Act). | section 37 |
F64assured agricultural occupancy | F64section 39 |
F64assured tenancy | F64section 39 |
F63bank | section 106 |
charge (in relation to Scotland) | section 106 |
charity | section 38(a) |
F63committee (in relation to a society registered under the 1965 Act) | section 37 |
F63compulsory disposal (in Schedule 2) | paragraph 6 of that Schedule |
co-operative housing association | section 1(2) |
F63co-opted member (in relation to the committee of a society registered under the 1965 Act) | section 37 |
F63the Companies Act | section 106 |
F65. . . | F65. . . |
F63dissolved under the 1965 Act (in relation to a society registered under that Act) | section 37 |
district (of a local housing authority) | section 104(2) |
F63dwelling | section 106 |
F63eligible for registration (in relation to a housing association) | section 4 |
F63exempted disposal (in Schedule 2) | paragraph 5 of that Schedule |
F63friendly society | section 106 |
fully mutual (in relation to a housing association) | section 1(2) |
F63hostel | section 106 |
house | section 106 |
F63housing activities | section 106 |
housing association | section 1(1) |
. . . F66 | . . . F66 |
housing trust | section 2 |
F63insurance company | section 106 |
local housing authority | section 104 |
F63member of family | section 105 |
F63mental disorder | section 39 |
mortgage (in relation to Scotland) | section 106 |
F339occupation contract | section 39 |
F63the 1965 Act | section 37 |
F63register, registered, registration and unregistered (in relation to a housing association) | section F67 3 |
F63registered charity | section 38(b) |
F68registered social landlord | section 2B |
F63relevant disposal (in Schedule 2) | paragraph 4 of that Schedule |
. . . F66 | . . . F66 |
secure tenancy | section 39 |
F63shared ownership lease | section 106 |
F69shared ownership agreement (in relation to Scotland) | F69section 106 |
F63standard scale | section 39 |
F63trustee savings bank | section 106 |
F70unregistered (in relation to a housing association) | section 2B |
C7C8Part II Housing Association Finance
Pt. II (ss. 41–73) excluded (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 199, 335, Sch. 12 para. 1(7)
Pt. II (ss. 41–73): power to apply certain functions conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(b)(4)
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
Deficit grants
54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
F7555. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57 F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements with local authorities
C658F78Powers of local authorities to promote and assist housing associations: England and Wales.
1
A local authority may promote the formation or extension of a housing association.
2
A local authority may for the assistance of a housing association subscribe for share or loan capital of the association.
3
A local authority may make a loan to an unregistered self-build society for the purpose of enabling it to meet the whole or part of the expenditure incurred, or to be incurred by it, in carrying out its objects.
4
This section does not apply where the housing association isF273—
a
a private registered provider of social housing, or
b
a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).
F7959 Powers of local authorities to promote and assist housing associations: Scotland.
1
A local authority F80. . . may promote the formation or extension of or, subject to section 60 (assistance restricted to registered housing associations), assist a housing association whose objects include the erection, improvement or management of housing accommodation.
2
A local authority F80. . . may, with the consent of and subject to any regulations or conditions made or imposed by the Secretary of State, for the assistance of such an association—
a
make grants or loans to the association,
b
subscribe for share or loan capital of the association, or
c
guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the association (including money borrowed by the issue of loan capital) or of interest on share capital issued by the association,
on such terms and conditions as to rate of interest and repayment or otherwise and on such security as the local authority F80. . . think fit.
3
A term of an agreement for such a grant or loan is void if it purports to relate to the rent payable in respect of a house to which the agreement relates or the contributions payable towards the cost of maintaining such a house.
4
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F815
Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.
F8260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8361 Power of local housing authority to supply furniture to housing association tenants.
1
A local housing authority may sell, or supply under a hire-purchase agreement, furniture to the occupants of houses provided by a housing association under arrangements made with the authority, and may buy furniture for this purpose.
2
In this section “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M5Consumer Credit Act 1974.
F843
This section does not apply where the housing association is F274—
a
a private registered provider of social housing, or
b
a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
Loans by Public Works Loan Commissioners
F8767. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68F336Local loans made by the Treasury: Scotland.
1
a
for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses,
b
for the purchase of houses, and
c
for the purchase and development of land.
F3351A
Any loan made under subsection (1) is a local loan for the purposes of section 3 of the National Loans Act 1968 (see Schedule 4 to that Act).
2
A loan for any of those purposes shall be secured with interest by a heritable security over—
a
the land in respect of which that purpose is to be carried out, and
b
such other land, 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 F334Treasury, of the estate or interest in the land proposed to be burdened.
3
Loans may be made by instalments as the building of houses or other work on the land burdened under subsection (2) progresses (so, however, that the total loans do not at any time exceed the amount specified in that subsection); and the heritable security may be granted accordingly to secure such loans so to be 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 F334Treasury shall require, in addition to such a heritable security as is mentioned in that subsection, such further security as they may 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 the security of any land unless the estate or interest proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan.
6
Where a loan under this section is made for the purposes of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on heritable security over a lease F330registered or recorded under the M6Registration of Leases (Scotland) Act 1857 of which a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan.
Miscellaneous
C36C2569 Power to vary or terminate certain agreements with housing associations.
1
This section applies to agreements of the following descriptions—
a
an agreement for a loan to a housing association by the Housing Corporation under section 2 of the M7Housing Act 1964 F275F89(including such an agreement under which rights and obligations have been transferred to Housing for Wales F90and then to the Secretary of State);F275under which rights and obligations have been transferred to the Regulator of Social Housing;
b
an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);
c
an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);
d
an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);
F91e
an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);
f
a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).
2
F94If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he may, if he thinks fit, direct—
a
that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or
b
that the agreement shall be terminated.
F95and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated.
F96F2762A
F2772B
In the case of an agreement under which rights and obligations have been transferred to the Regulator of Social Housing, the reference to a party to the agreement includes a reference to the Regulator of Social Housing.
3
No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—
a
limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or
b
specifying a limit which the rent of a dwelling is not to exceed.
This subsection does not extend to Scotland.
4
No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house.
This subsection extends to Scotland only.
69AF99F278 Land subject to housing management agreement.
A housing association is not entitled to a F100grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988 in respect of land comprised in—
a
a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities), or
b
an agreement to which section F10122 of the Housing (Scotland) Act 1987 applies (agreements for exercise by housing co-operatives of certain local authority housing functions).
70 Continuation of arrangements under repealed enactments.
The provisions of Schedule 4 have effect in relation to certain arrangements affecting housing associations which continue in force despite the repeal of the enactments under or by reference to which they were made, as follows—
Part I —Arrangements with local authorities for the provision or improvement of housing.
Part II —Subsidy agreements with local authorities.
Part III —Special arrangements with the Secretary of State in Scotland.
71 Superseded contributions, subsidies and grants.
The provisions of Schedule 5 have effect with respect to superseded subsidies, contributions and grants, as follows—
Part I —Residual subsidies: England and Wales.
Part II —Residual subsidies: Scotland.
Part III—Contributions and grants under arrangements with local authorities.
Part IV—Contributions under arrangements with the Secretary of State in Scotland.
Part V —Schemes for the unification of grant conditions.
Part VI—New building subsidy and improvement subsidy.
Part VII—Payments in respect of hostels under pre-1974 enactments.
Supplementary provisions
F18172 Minor definitions.
73 Index of defined expressions: Part II.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section);—
. . . F102 | . . . F102 |
. . . F103 | . . . F103 |
. . . F103 | . . . F103 |
co-operative housing association | section 1(2) |
dwelling | section 106 |
F104fully mutual (in relation to a housing association) | F104section 1(2) |
F104heritable security | F104section 106 |
hostel | section 106 |
. . . F105 | . . . F105 |
house | section 106 |
F104housing activities | F104section 106 |
housing association | section 1(1) |
. . . F105 | . . . F105 |
. . . F105 | . . . F105 |
local authority | section 106 |
local housing authority | section 104 |
. . . F106 | . . . F106 |
F107. . . | . . . |
F104registered charity | F104section 72 |
F108registered housing association | section 2B |
F109registered social landlord | section 2B |
. . . F102 | . . . F102 |
self-build society | section 1(3) |
. . . F110 | . . . F110 |
. . . F102 | . . . F102 |
F111unregistered (in relation to a housing association) | section 2B |
C12
Part IIIF240 The Housing CorporationF240Social Housing in Wales
Pt. III heading substituted (E.W.) 1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 45 (with art. 6, Sch. 3)
Pt. III (ss. 74-102) excluded (E.W.) (1.10.1996) by 1996 c. 52, s. 7, Sch. 1 para. 15(6); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)
F241Functions of the Welsh Ministers and other general matters
Words in s. 74 heading substituted (E.W.) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 46 (with art. 6, Sch. 3)
C3774 The F242Welsh Ministers
F2441
This Part has effect with respect to the Welsh Ministers.
F1972
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2464
The functions in this Part exercisable by the Welsh Ministers may only be exercised in relation to Wales.
C2675F243General functions
1
F112a
to facilitate the proper performance of the functions of registered social landlords;
b
to maintain a register of social landlords and to exercise supervision and control over such persons;
c
to promote and assist the development of self-build societies (other than registered social landlords) and to facilitate the proper performance of the functions, and to publicise the aims and principles, of such societies;
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113
e
to undertake, to such extent as the F249Welsh Ministers consider necessary, the provision (by construction, acquisition, conversion, improvement or otherwise) of dwellings for letting or for sale and of hostels, and the management of dwellings or hostels so provided.
F192f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3311A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3311B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
3
4
F1165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27976 Directions by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76A Realisation of value of Housing Corporation’s loans portfolio.
F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C38C2777 Advisory service.
1
The F256Welsh Ministers may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to F117registered social landlords or unregistered housing associations and to persons who are forming a housing association or are interested in the possibility of doing so.
2
The F257Welsh Ministers may make charges for the service.
F2583
The powers conferred on the Welsh Ministers by subsections (1) and (2) may be exercised by the Welsh Ministers acting jointly with the Regulator of Social Housing.
F21878 Annual report.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139Relevant Authority’s powers with respect to grants and loans
Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
C28C3979 Lending powers.
F1181
2
The F282Welsh Ministers may lend to an individual for the purpose of enabling him to acquire from—
a
the F283Welsh Ministers, or
b
F284a registered social landlord or an unregistered self-build society,
a legal estate or interest in a dwelling which he intends to occupy.
3
A loan under this section may be by way of temporary loan or otherwise, and the terms of a loan made under subsection (1) may include (though the terms of a loan made under subsection (2) may not) terms for preventing repayment of the loan or part of it before a specified date without the consent of the F285Welsh Ministers.
F2864
Subject to that, the terms of a loan under this section shall be such as the Welsh Ministers determine either generally or in a particular case.
C29C4080 Security for loans to unregistered self-build societies.
1
Where the F287Welsh Ministers—
a
F289make a loan to an unregistered self-build society under section 79(1); and
b
2
The society shall comply with directions so given so long as the F292Welsh Ministers continue to have such an interest in the land.
3
Directions so given may be varied or revoked by subsequent directions F120... .
F2933A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F294The Welsh Ministers shall not give directions under this section requiring a society to transfer its interest in land to them or any other person unless they are satisfied that arrangements have been made which will secure that the members of the society receive fair treatment in connection with the transfer.
C41C3081 Further advances in case of disposal on shared ownership lease.
Where—
a
a lease of a dwelling, granted otherwise than in pursuance of the provisions of Part V of the M8Housing Act 1985 (the right to buy) relating to shared ownership leases, contains a provision to the like effect as that required by paragraph 1 of Schedule 8 to that Act (terms of shared ownership lease: right of tenant to acquire additional shares), and
b
that power includes power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.
82 Loans made under s. 2 of the Housing Act 1964.
C42C3183 Power to guarantee loans.
F2971
The Welsh Ministers may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies.
2
A guarantee may be subject to terms and conditions.
F1223A
The aggregate amount outstanding in respect of—
a
loans for F299which the Welsh Ministers (or National Assembly for Wales, Secretary of State or Housing for Wales) have given a guarantee under this section, and
b
shall not exceed £30 million or such greater sum not exceeding £50 million F298as the Welsh Ministers may specify by order.
F3024
An order under subsection (3A)—
a
shall be made by statutory instrument, and
b
shall not be made unless, a draft of the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
84F196Agreements to indemnify certain lenders
1
a
a building society lending on the security of a house, or
b
a recognised body making a relevant advance on the security of a house,
whereby, in the event of default by the mortgagor, and in circumstances and subject to conditions specified in the agreement, the F219Welsh MinistersF220bind themselves to indemnify the society or body in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the society or body in consequence of the mortgagor’s default.
2
The agreement may also, if the mortgagor is made party to it, enable or require the F219Welsh Ministers in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the building society or recognised body being then discharged in respect of them.
3
The transfer may be made to take effect—
a
on terms provided for by the agreement (including terms involving substitution of a new mortgage agreement or modification of the existing one), and
F2224
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F223The Welsh Ministers shall, before entering into an agreement in a form about which they have not previously consulted under this subsection, consult—
a
F1246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Meaning of “recognised body” and “relevant advance”.
1
The expressions “recognised body” and “relevant advance” in section 84 (agreements to indemnify certain lenders) shall be construed in accordance with the following provisions.
2
3
Before making such an order varying or revoking an order previously made, the F225Welsh Ministers shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.
C10C114
A “relevant advance” means an advance made to a person whose interest in the dwelling is or was acquired by virtue of a conveyance of the freehold or an assignment of a long lease, or a grant of a long lease by—
a local authority,
a new town corporation,
F194the Welsh Ministers so far as they are or were exercising functions in relation to property transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981,
an urban development corporation,
F126. . .
F226..., or
a F127registered social landlord.F128 or an advance made to such a person by the F225Welsh Ministers if the conveyance, assignment or grant was made under section 90.
5
In subsection (4) “long lease” has the same meaning as in Part V of the M10Housing Act 1985 (the right to buy).
86 Agreements to indemnify building societies: Scotland.
1
F129Scottish Homes may, with the approval of the Secretary of State, enter into an agreement with a building society F130or recognised body under which F129Scottish Homes binds itself to indemnify the building society F130or recognised body in respect of—
a
the whole or part of any outstanding indebtedness of a borrower; and
2
3
Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.
4
Before issuing any general approval under subsection (1) the Secretary of State shall consult with such bodies as appear to him to be representative of islands and district councils, and of building societies, and also with F129Scottish Homes and with F328the Financial Conduct Authority and the Prudential Regulation Authority.
F1335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1346
In this section, “recognised body” means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury.
7
Before making an order under subsection (6) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.
E1C3287F135 Financial assistance with respect to formation, management, etc. of certain housing associations.
F1361
The F259Welsh Ministers may give financial assistance to any person to facilitate the proper performance of the functions of registered social landlords or co-operative housing associations.
2
Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the F260Welsh Ministers consider appropriate, except that they may not, in giving any form of financial assistance F137under this section, purchase loan or share capital in a company.
3
With respect to financial assistance under this section, the following—
a
the procedure to be followed in relation to applications for assistance,
b
the circumstances in which assistance is or is not to be given,
c
the method for calculating, and any limitations on, the amount of assistance, and
d
the manner in which, and the time or times at which, assistance is to be given,
4
5
Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the F138registeredF264relevant housing association to which the grant has been given, of a reference to the person to whom assistance is given under this section.
F1916
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145Relevant Authority’s powers with respect to land and works
Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
88 Acquisition of land.
1
The F200Welsh Ministers may acquire land by agreement for the purpose of—
a
selling or leasing it to a F140registered social landlord or an unregistered self-build society, or
b
providing dwellings (for letting or for sale) or hostels,
F201and the Welsh Ministers may acquire land compulsorily for any such purpose.
2
Land may be so acquired by the F202Welsh Ministers notwithstanding that it is not immediately required for any such purpose.
F2033
The Acquisition of Land Act 1981 applies to the compulsory purchase of land under this section.
F2044
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2045
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Provision of dwellings or hostels and clearance, management and development of land.
1
2
The F205Welsh Ministers may clear land belonging F206to them and carry out other work on the land to prepare it as a building site or estate, including—
a
the laying out and construction of streets or roads and open spaces, and
b
the provision of sewerage facilities and supplies of gas, electricity and water.
3
4
The F205Welsh Ministers may carry out such operations on, and do such other things in relation to, land belonging F206to them as appear F206to them to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—
b
by a F141registered social landlord or unregistered self-build society.
5
In the exercise of F208their powers under subsection (4) the F205Welsh Ministers may carry out any development ancillary to or in connection with the provision of dwellings or hostels, including development which makes provision for buildings or land to be used for commercial, recreational or other non-domestic purposes.
90 Disposal of land.
1
The F209Welsh Ministers may dispose of land in respect of which F210they have not exercised F211their powers under section 89(1) (provision or improvement of dwellings or hostels) and on which F210they have not carried out any such development as is mentioned in section 89(5) F142(ancillary development) to a registered social landlord or an unregistered self-build society F212....
2
F2163
The Welsh Ministers may sell or lease individual dwellings to persons for those persons to occupy.
F2164
The Welsh Ministers may dispose of a building or land intended for use for commercial, recreational or other non-domestic purposes in respect of which development has been carried out by virtue of section 89.
F2165
The Welsh Ministers may dispose of land which is not required for the purposes for which it was acquired.
F19891 Protection of persons deriving title under transactions requiring consent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The F146Relevant Authority’s finances
Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
F19892 Borrowing powers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19893 Limit on borrowing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19894 Treasury guarantees of borrowing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19895 Grants to the Housing Corporation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19896 General financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19897 Accounts and audit.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acquisition of securities and control of subsidiaries
F19898 Acquisition of securities and promotion of body corporate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19899 Control of subsidiaries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions
F147F198100 Scottish Special Housing Association may act as agents for Relevant Authority in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 Minor definitions.
In this Part—
F148“building society” means a building society within the meaning of the Building Societies Act 1986;
“financial year” means the period of 12 months ending with the 31st March;
“highway”, in relation to Scotland, includes a public right of way;
“subsidiary” has the meaning given by F228section 1159 of the Companies Act 2006 .
E2102 Index of defined expressions: Part III.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—
building society | section 101 |
F227. . . | F227. . . |
F149co-operative housing association | section 1 |
dwelling | section 106 |
financial year | section 101 |
heritable security | section 106 |
highway (in relation to Scotland) | section 101 |
hostel | section 106 |
housing association | section 1(1) |
local authority | section 106 |
local housing authority | section 104 |
new town corporation | section 106 |
recognised body | section 85(2) |
F150registered social landlord | section 2B |
relevant advance | section 85(4) |
self-build society | section 1(3) |
subsidiary | section 101 |
F151unregistered (in relation to a housing association) | section 2B |
urban development corporation | section 106 |
E3102 Index of defined expressions: Part III.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—
building society | section 101 |
F227. . . | F227. . . |
dwelling | section 106 |
financial year | section 101 |
heritable security | section 106 |
highway (in relation to Scotland) | section 101 |
hostel | section 106 |
housing association | section 1(1) |
local authority | section 106 |
local housing authority | section 104 |
new town corporation | section 106 |
recognised body | section 85(2) |
registered (in relation to a housing association) | section 3(2) |
relevant advance | section 85(4) |
self-build society | section 1(3) |
subsidiary | section 101 |
unregistered (in relation to a housing association) | section 3(2) |
urban development corporation | section 106 |
Part IV General Provisions
General provisions
103 Application to Isles of Scilly.
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.
1
In this Act “local housing authority”—
a
in relation to England and Wales, has the meaning given by section 1 of the M11Housing Act 1985, and
b
in relation to Scotland, means F152a 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 F153area of a council mentioned in subsection (1)(b) above.
105Members of a persons family
F2331
A
person
is
a
member
of
another's
family
if—
a
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
F235 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.
C131
In the application of this Act in England and Wales—
F154“bank” means—
“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;
F154“friendly society” means a friendly society or branch of a friendly society registered under the M14Friendly 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;
- a
“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;
- a
F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F154“insurance company” means an insurance company to which Part II of the M15Insurance Companies Act 1982 applies;
“local authority” means a county, F156county borough, district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in F157section 84(5) includes F158... a joint authority established by Part IV of the M16Local Government Act 1985 F230, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 F340, 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 2023F332... F159and in section 85(4) includes such a joint authority F231such an economic prosperity board, such a combined authority,F341such a combined county authority,F333... F319, a police and crime commissioner and the Mayor's Office for Policing and Crime;
“new town corporation” means
F195the Commission for the New Towns ora development corporation within the meaning of the M17New 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;
- a
2
In the application of this Act in Scotland—
F160“bank” has the same meaning as in subsection (1);
“charge” includes a heritable security;
F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“dwelling” means a house;
F160“friendly society” has the same meaning as in subsection (1);
F161“heritable security” means any security capable of being constituted over any F189land, 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;
- a
“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;
- a
F162“housing activities” has the same meaning as in subsection (1);
F160“insurance company” has the same meaning as in subsection (1);
“local authority” means F163a 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 M20New Towns (Scotland) Act 1968;
F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F160“trustee savings bank” has the same meaning as in subsection (1).
F2383
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Final provisions
107 Short title, commencement and extent.
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,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164
section 8(2) and (3),
sections 11 and 12,
section F16517(4),
section 18,
section 20,
section 31,
sections 34 to 36,
section 38,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166
section 58,
section 67,
section 69(3),
section 81,
sections 84 and 85,
section 103,
F167section 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—
5
This Act does not extend to Northern Ireland.
SCHEDULES
SCHEDULE 1 Grant-Aided Land
Definition of “grant-aided land”
1
For the purposes of F170section 9(1A) (control F171. . . of dispositions of land by unregistered housing associations) “grant-aided land” means land—
a
in respect of which a payment of a description specified in paragraph 2 falls or fell to be made in respect of a period ending after 24th January 1974, or
b
on which is, or has been, secured a loan of a description specified in paragraph 3 in respect of which a repayment (by way of principal or interest or both) falls or fell to be made after 24th January 1974.
Payments
2
The payments referred to in paragraph 1(a) are—
a
payments by way of annual grants or exchequer contributions under—
section 31(3) of the M21Housing Act 1949,
section 19(3) of the M22Housing (Scotland) Act 1949, or
section 121(3) of the M23Housing (Scotland) Act 1950
(arrangements by local authorities for improvement of housing accommodation);
b
payments by way of annual grants or exchequer contributions under—
section 12(1) or 15 of the M24Housing (Financial Provisions) Act 1958,
section 89(1) of the Housing (Scotland) Act 1950,
section 12 of the M25Housing (Scotland) Act 1962, or
section 21 of the M26Housing (Financial Provisions) (Scotland) Act 1968
(contributions for dwellings improved under arrangements with local authorities or grants for hostels);
c
payments by way of annual grant or exchequer contributions under—
section 12(6) of the M27Housing Subsidies Act 1967,
section 121 of the Housing (Scotland) Act 1950,
section 62 of the M28Housing Act 1964, or
section 17 of the Housing (Financial Provisions) (Scotland) Act 1968
(subsidies for conversions or improvements by housing associations);
d
payments by way of annual grant under—
section 21(8) of the M29Housing Act 1969 (contributions for dwellings provided or improved by housing associations under arrangements with local authorities);
e
payments by way of subsidy under—
Loans
3
The loans referred to in paragraph 1(b) are—
a
loans under—
section 119 of the M32Housing Act 1957,
section 152 of the M33Housing (Scotland) Act 1966,
section 58 of this Act, or
section 59 of this Act
(powers of certain local authorities to promote and assist housing associations);
b
loans to housing associations under—
section 47 of the M34Housing (Financial Provisions) Act 1958,
section 78 of the M35Housing (Scotland) Act 1950,
section 24 of the M36Housing (Financial Provisions) (Scotland) Act 1968,
section 67 of this Act, or
section 68 of this Act
(loans by Public Works Loan Commissioners to certain bodies);
c
advances made under—
section 7 of the M37Housing Act 1961,
section 11 of the M38Housing (Scotland) Act 1962, or
section 23 of the Housing (Financial Provisions) (Scotland) Act 1968
(advances to housing associations providing housing accommodation for letting);
d
loans under—
section 2 of the M39Housing Act 1964
(loans by Housing Corporation to housing associations).
F172SCHEDULE 2
Sch. 2 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)
Repayment of discount on early disposal
1
1
This paragraph applies where, on a disposal of a house under section 8, in accordance with a consent given by the Housing Corporation under section 9, a discount has been given to the purchaser by the housing association; but this paragraph does not apply in any such case if the consent so provides.
2
On the disposal the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to pay to the housing association on demand, if within a period of F183three years there is a relevant disposal which is not an exempted disposal (but if there is more than one such disposal then only on the first of them), an amount equal to the discount reduced by F183one-third for each complete year which has elapsed after the conveyance, grant or assignment, and before the further disposal.
Liability to repay is a charge on the premises
2
1
The liability that may arise under the covenant required by paragraph 1 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.
F1842
Subject to sub-paragraphs (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—
a
left outstanding by the purchaser, or
b
advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.
2A
The following, namely—
a
any advance which is made otherwise than for the purpose mentioned in sub-paragraph (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this paragraph, and
b
any further advance which is so secured,
shall rank in priority to that charge if, and only if, the housing association by written notice served on the institution concerned gives its consent; and the housing association shall so give its consent if the purpose of the advance or further advance is an approved purpose.
2B
The housing association may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this paragraph to any advance or further advance which—
a
is made to the purchaser by that institution, and
b
is secured by a legal charge not having priority to that charge;
and the housing association shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
3
A charge taking effect by virtue of this section is a land charge for the purposes of section 59 of the M80Land Registration Act 1925 notwithstanding subsection (5) of that section (exclusion of mortgages), and subsection (2) of that section applies accordingly with respect to its protection and realisation.
F1853A
The covenant required by paragraph 1 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this paragraph, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.
4
The approved lending institutions for the purposes of this paragraph are—
a building society,
a bank,
a trustee savings bank,
an insurance company,
a friendly society,
the Housing Corporation
and any body specified, or of a class or description specified, in an order made under section 156 of the M81Housing Act 1985 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this paragraph).
F1865
The approved purposes for the purposes of this paragraph are—
a
to enable the purchaser to defray, or to defray on his behalf, any of the following—
i
the cost of any works to the house,
ii
any service charge payable in respect of the house for works, whether or not to the house, and
iii
any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and
b
to enable the purchaser to discharge, or to discharge on his behalf, any of the following—
i
so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this paragraph,
ii
any arrears of interest on such an advance or further advance, and
iii
any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance;
and in this sub-paragraph “service charge” has the meaning given by section 621A of the M82Housing Act 1985.
6
Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this paragraph.
Restriction on disposal of houses in National Parks, etc.
3
1
Where a conveyance, grant or assignment executed under section 8 is of a house situated in—
a
a National Park,
b
an area designated under section 87 of the National Parks and Access to the M83Countryside Act 1949 as an area of outstanding natural beauty, or
c
an area designated as a rural area by order under section 157 of the Housing Act 1985 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this paragraph),
the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) of the M84Housing Act 1985 (right of pre-emption or restriction on assignment)) contain a covenant limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house in the manner specified below.
2
The limitation is that until such time (if any) as may be notified in writing by the housing association to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the housing association; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in sub-paragraph (3).
3
The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent—
a
had his place of work in a region designated by order under section 157(3) of the Housing Act 1985 which, or part of which, is comprised in the National Park or area, or
b
had his only or principal home in such a region;
or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.
4
A disposal in breach of such a covenant as is mentioned in sub-paragraph (1) is void.
5
The limitation imposed by such a covenant is a local land charge and, if the land is registered under the M85Land Registration Act 1925, the Chief Land Registrar shall enter the appropriate restriction on the register of title as if application therefor had been made under section 58 of that Act.
6
In this paragraph “purchaser” means the person acquiring the interest disposed of by the first disposal.
Relevant disposals
4
1
A disposal, whether of the whole or part of the house, is a relevant disposal for the purposes of this Schedule if it is—
a
a conveyance of the freehold or an assignment of the lease, or
b
the grant of a lease or sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.
2
For the purposes of sub-paragraph (1)(b) it shall be assumed—
a
that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and
b
that any option to terminate a lease or sub-lease is not exercised.
Exempted disposals
5
1
A disposal is an exempted disposal for the purposes of this Schedule if—
a
it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in sub-paragraph (2));
b
it is a vesting of the whole of the house in a person taking under a will or on an intestacy;
c
it is a disposal of the whole of the house in pursuance of an order made under section 24 of the M86Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 2 of the M87Inheritance (Provisions for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate);
d
it is a compulsory disposal; or
e
the property disposed of is property included with the house by virtue of paragraph (b) of the definition of “house” in section 106(1) (yard, garden, outhouses, &c.).
2
For the purposes of sub-paragraph (1)(a), a person is a qualifying person in relation to a disposal if—
a
he is the person or one of the persons by whom the disposal is made,
b
he is the spouse or a former spouse of that person or one of those persons, or
c
he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.
Meaning of “compulsory disposal”
6
In this Schedule a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.
Exempted disposals which end liability under covenants
7
Where there is a relevant disposal which is an exempted disposal by virtue of paragraph 5(1)(d) or (e) (compulsory disposal or disposal of yard, garden etc.)—
a
the covenant required by paragraph 1 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant and the charge taking effect by virtue of paragraph 2 cease to apply in relation to the property disposed of, and
b
any such covenant as is mentioned in paragraph 3 (restriction on disposal of houses in National Parks, etc.) ceases to apply in relation to the property disposed of.
Treatment of options
8
1
For the purposes of this Schedule the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.
2
For the purposes of paragraph 3(2) (requirement of consent to disposal of house in National Park, etc.) a consent to such a grant shall be treated as a consent to a disposal made in pursuance of the option.
F173SCHEDULE 3
Sch. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.); and repealed (S.) (1.10.1996) by virtue of S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))
Books of account, &c.
1
1
The association shall in respect of its housing activities—
a
cause to be kept proper books of account showing its transactions and its assets and liabilities, and
b
establish and maintain a satisfactory system of control of its books of account, its cash holdings and all its receipts and remittances.
2
The books of account must be such as to enable a true and fair view to be given of the state of affairs of the association in respect of its housing activities, and to explain its transactions in the course of those activities.
Accounts and balance sheets
2
1
The association shall for each period of account prepare—
a
a revenue account giving a true and fair view of the association’s income and expenditure in the period, so far as arising in connection with its housing activities, and
b
a balance sheet giving a true and fair view as at the end of the period of the state of the association’s affairs.
2
The revenue account and balance sheet must be signed by at least two trustees of the association.
Appointment of auditor
3
1
The association shall in each period of account appoint a qualified auditor to audit the accounts prepared in accordance with paragraph 2.
F1872
A person is qualified for the purposes of this paragraph if he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.
3
But none of the following shall be appointed—
a
a trustee, officer or employee of the association or of an associated body,
b
a person who is a partner of, or in the employment of, or who employs a person within paragraph (a), or
c
a body corporate;
and a body of persons (whether corporate or unincorporate and whether or not itself a charity) is for this purpose an associated body if it is essentially under the same management F188. . .
4
A Scottish firm is qualified for appointment as auditor, notwithstanding sub-paragraph (3)(c), if each of the partners in it is qualified for appointment.
Auditor’s report
4
1
The association’s auditor appointed under this Schedule shall make a report to the association on the accounts audited by him.
2
The report shall state whether in the auditor’s opinion—
a
the revenue account gives a true and fair view of the state of income and expenditure of the association in respect of its housing activities and of any other matters to which it relates, and
b
the balance sheet gives a true and fair view of the state of affairs of the association as at the end of the period of account.
Duties of auditor
5
The auditor in preparing his report shall carry out such investigations as will enable him to form an opinion as to the following matters—
a
whether the association has kept, in respect of its housing activities, proper books of account in accordance with the requirements of this Schedule;
b
whether the association has maintained a satisfactory system of control over its transactions in accordance with those requirements, and
c
whether the accounts are in agreement with the association’s books;
and if he is of opinion that the association has failed in any respect to comply with this Schedule, or if the accounts are not in agreement with the books, he shall state that fact in his report.
Auditor’s right of access to books, etc.
6
The auditor—
a
has a right of access at all times to the books, deeds and accounts of the association, so far as relating to its housing activities, and to all other documents relating to those activities, and
b
is entitled to require from the trustees or officers of the association such information and explanations as he thinks necessary for the performance of his duties;
and if he fails to obtain all the information and explanations which, to the best of his knowledge and belief, are necessary for the purposes of his audit, he shall state that fact in his report.
Periods of account
7
A period of account for the purposes of this Schedule is twelve months or such other period not less than six months or more than 18 months as the association may, with the consent of the Corporation, determine.
SCHEDULE 4 Housing Associations: Continuation of Arrangements Under Repealed Enactments
Part I Arrangements with Local Authorities for Provision or Improvement of Housing
(ss. 120 and 121 of the Housing Act 1957)
1
Arrangements between a local authority and a housing association under section 120 of the M40Housing Act 1957 (arrangements for provision of housing) which were made before 10th August 1972 and are in force immediately before the commencement of this Act remain in force under this paragraph.
2
Arrangements between a local authority and a housing association under section 121 of the Housing Act 1957 (arrangements for improvement or conversion of housing) which were made before 1st April 1975 and are in force immediately before the commencement of this Act remain in force under this paragraph.
Part II Subsidy Agreements with Local Authorities
(s. 79 of the Housing Finance Act 1972 and s. 59 of the Housing (Financial Provisions) (Scotland) Act 1972)
1
In this Part “subsidy agreement” means an agreement made between a local authority and a housing association which provides for payments to be made under or by reference to any of the following enactments—
section 2 of the M41Housing (Financial Provisions) Act 1924,
section 29(1) of the M42Housing Act 1930,
section 27(3) of the M43Housing Act 1935,
section 26 of the M44Housing (Scotland) Act 1935,
section 94(3) of the M45Housing Act 1936,
section 87(1) of the M46Housing (Scotland) Act 1950,
section 1(2)(b) of the M47Housing Subsidies Act 1956,
section 2, 3 or 4 of the M48Housing and Town Development (Scotland) Act 1957,
section 1(2)(b) of the M49Housing (Financial Provisions) Act 1958,
section 1(2) of the M50Housing Act 1961,
section 2, 4, 5, 6 or 7 of the M51Housing (Scotland) Act 1962,
section 1(5) or 9(4) of the M52Housing Subsidies Act 1967,
section 2, 4, 6, 7, 9 or 10 of the M53Housing (Financial Provisions) (Scotland) Act 1968,
(being enactments with respect to which it was provided by the M54Housing Finance Act 1972 or the M55Housing (Financial Provisions) (Scotland) Act 1972 that no further payments were to be made for 1972-73 or any subsequent year).
2
Where a subsidy agreement provides for the payment of greater amounts than those which the authority would have been obliged to pay under the relevant enactment, the authority shall continue to pay to the housing association sums equal to the difference between the amounts for the payment of which the agreement provides and the amounts which they would have been obliged to pay by that enactment.
Part III Special Arrangements with the Secretary of State in Scotland
(s.1(1)(d) of the Housing (Scotland) Act 1962; s.1(2)(d) of the Housing (Financial Provisions) (Scotland) Act 1968)
Arrangements made between the Secretary of State and a housing association under section 1(1)(d) of the Housing (Scotland) Act 1962 or section 1(2)(d) of the Housing (Financial Provisions) (Scotland) Act 1968 (special arrangements for provision of housing) which were made before 3rd August 1972 and are in force immediately before the commencement of this Act remain in force under this paragraph.
SCHEDULE 5 Housing Association Finance: Superseded Subsidies, Contributions and Grants
C14Part I Residual Subsidies: England and Wales
Sch. 5 Pt. I modified by Housing Act 1988 (c. 50, SIF 61), 57(c)
(ss. 72 and 73 of the Housing Finance Act 1972) Entitlement to residual subsidies
1
1
Basic residual subsidy is payable to a housing association in accordance with the following provisions where the association received payments from the Secretary of State for the financial year 1971-72 under certain enactments under which, in accordance with the M56Housing Finance Act 1972, no payments were to be made for 1972-73 or any subsequent year.
2
A housing association is entitled to basic residual subsidy for a financial year if—
a
it was entitled to basic residual subsidy under section 72 of the Housing Finance Act 1972 for the financial year 1972-73, and
b
it has continued to be entitled to basic residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.
3
The amount of basic residual subsidy payable to an association for any year is the amount (if any) by which the basic residual subsidy payable for the previous year exceeds the withdrawal factor.
4
Subject to any direction of the Secretary of State under paragraph 4(2), the withdrawal factor is the sum produced by multiplying £20 by the number of dwellings as at 31st March 1972 in respect of which the association’s subsidies for 1971-72 (as defined in section 72(4) of the Housing Finance Act 1972) were payable.
2
1
Special residual subsidy is payable to a housing association in accordance with the following provisions in respect of dwellings which—
a
were approved by the Secretary of State for the purposes of Part I of the M57Housing Subsidies Act 1967 before 10th August 1972, and
b
were completed during the year 1972-73, 1973-74 or 1974-75.
2
A housing association is entitled to special residual subsidy for a financial year if—
a
it was entitled by virtue of section 73 of the Housing Finance Act 1972 to special residual subsidy for any of the years 1972-73, 1973-74 or 1974-75, and
b
it has continued to be entitled to special residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.
3
The amount of special residual subsidy payable to an association for any year is the amount (if any) by which the special residual subsidy payable for the previous year exceeds the reduction factor.
4
Subject to any direction of the Secretary of State under paragraph 4(2), the reduction factor is the sum produced by multiplying £20 by the number of dwellings satisfying the description in sub-paragraph (1).
3
No basic or special residual subsidy is payable to a co-operative housing association.
Power to vary withdrawal factor or reduction factor
4
1
This paragraph applies where a housing association, by furnishing to the Secretary of State such information as to its financial position as he may require, satisfies him as regards any financial year that its income from its dwellings will be, or was, inadequate having regard to its normal sources of income to meet such expenditure (including loan charges) as in his opinion it would be, or was, reasonable for the association to incur for that financial year in the exercise of its housing functions.
2
Where this paragraph applies, the Secretary of State may direct that the amount of basic residual subsidy or special residual subsidy payable to the association for the financial year in question shall be determined—
a
by reference to a withdrawal factor or reduction factor calculated by reference to a smaller sum of money per dwelling than that mentioned in paragraph 1(4) or 2(4), or
b
by reference to a withdrawal factor or reduction factor of zero.
3
A direction under this paragraph may be varied or revoked by the Secretary of State by a further direction.
4
In sub-paragraph (1) “housing functions” means—
a
constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,
b
managing dwellings,
c
the provision of dwellings by conversion, and
d
the acquisition of dwellings;
and includes functions which are supplementary or incidental to any of those functions.
5
For the purposes of this paragraph “loan charges”, in relation to money borrowed by an association, means—
a
the sums required for the payment of interest on the money and for its repayment, either by instalments or by means of a sinking fund, and
b
the expenses of managing the debt,
and includes any such charges made by the association itself, whether in respect of borrowing from a capital fund kept by the association or in respect of borrowing between accounts kept by the association for different functions, or otherwise.
Administrative provisions
5
1
Payment of basic or special residual subsidy is subject to the making of a claim for the payment in such form, and containing such particulars, as the Secretary of State may from time to time determine.
2
The amount of basic or special residual subsidy payable to a housing association for a financial year shall be calculated to the nearest pound by rounding up any odd amount of 50p or more and rounding down any lesser amount.
3
Powers exercisable in case of disposal of dwellings by association
6
1
The Secretary of State may reduce, suspend or discontinue the payment of basic or special residual subsidy to an association if the association leases for a term exceeding seven years or otherwise disposes of any of the dwellings in respect of which the association is entitled to the payment.
2
If any dwellings of an association are leased for a term exceeding seven years to, or become vested in—
a
another housing association, or trustees for another housing association, F304or
b
the Housing Corporation F175. . .,
the Secretary of State may pay to them any basic or special residual subsidy which he would otherwise have paid to the former association for any financial year, beginning with that in which the dwellings are so leased or become so vested.
3
For the purposes of this paragraph a lease shall be treated as being for a term exceeding seven years where the original term is for a lesser period but the lease confers on the lessee an option for renewal for a term which, together with the original term, exceeds seven years.
Saving for financial years beginning before the commencement of this Act
7
1
The preceding provisions apply in relation to the financial year 1986-87 and subsequent financial years.
2
C22Part II Residual Subsidies: Scotland
Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)
(ss. 52 and 53 of the Housing (Financial Provisions) (Scotland) Act 1972) Entitlement to residual subsidies
C151
1
Basic residual subsidy is payable to a housing association in accordance with the following provisions where the association received payments from the Secretary of State for the financial year 1971-72 under certain enactments under which, in accordance with the M60Housing (Financial Provisions) (Scotland) Act 1972, no payments were to be made for 1972-73 or any subsequent year.
2
A housing association is entitled to basic residual subsidy for a financial year if—
a
it was entitled to basic residual subsidy under section 52 of the Housing (Financial Provisions) (Scotland) Act 1972 for the financial year 1972-73, and
b
it has continued to be entitled to basic residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.
3
The amount of basic residual subsidy payable to an association for any year is the amount (if any) by which the basic residual subsidy payable for the previous year exceeds the withdrawal factor.
4
Subject to any direction of the Secretary of State under paragraph 4(2), the withdrawal factor is the sum produced by multiplying £20 by the number of houses as at 31st March 1972 in respect of which the association’s subsidies for 1971-72 (as defined in section 52(4) of the Housing (Financial Provisions) (Scotland) Act 1972) were payable.
C162
1
Special residual subsidy is payable to a housing association in accordance with the following provisions in respect of houses—
a
the erection of which was approved by the Secretary of State for the purposes of sections 1 to 12 of the M61Housing (Financial Provisions) (Scotland) Act 1968 before 3rd August 1972, and
b
which were completed by the association during the year 1972-73, 1973-74 or 1974-75.
2
A housing association is entitled to special residual subsidy for a financial year if—
a
it was entitled by virtue of section 53 of the M62Housing (Financial Provisions) (Scotland) Act 1972 to special residual subsidy for any of the years 1972-73, 1973-74 or 1974-75, and
b
it has continued to be entitled to special residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.
3
The amount of special residual subsidy payable to an association for any year is the amount (if any) by which the special residual subsidy payable for the previous year exceeds the reduction factor.
4
Subject to any direction of the Secretary of State under paragraph 4(2), the reduction factor is the sum produced by multiplying £20 by the number of houses satisfying the description in sub-paragraph (1).
C173
No basic or special residual subsidy is payable to a co-operative housing association.
Power to vary withdrawal factor or reduction factor
C184
1
This paragraph applies where a housing association, by furnishing to the Secretary of State such information as to its financial position as he may require, satisfies him as regards any financial year that its income from its houses will be, or was, inadequate having regard to its normal sources of income to meet such expenditure (including loan charges) as in his opinion it would be, or was, reasonable for the association to incur for that financial year in the exercise of its housing functions.
2
Where this paragraph applies, the Secretary of State may direct that the amount of basic residual subsidy or special residual subsidy payable to the association for the financial year in question shall be determined—
a
by reference to a withdrawal factor or reduction factor calculated by reference to a smaller sum of money per house than that mentioned in paragraph 1(4) or 2(4), or
b
by reference to a withdrawal factor or reduction factor of zero.
3
A direction under this paragraph may be varied or revoked by the Secretary of State by a further direction.
4
In sub-paragraph (1) “housing functions” means—
a
constructing or improving, or facilitating the construction or improvement, of houses,
b
managing houses,
c
the provision of houses by conversion, and
d
the acquisition of houses;
and includes functions which are supplementary or incidental to any of those functions.
5
For the purposes of this paragraph “loan charges”, in relation to money borrowed by an association includes loan charges made by the association itself (including charges for debt management), whether in respect of borrowing from a capital fund kept by the association or in respect of borrowing between accounts kept by the association for different functions, or otherwise.
Administrative provisions
C195
1
Payment of basic or special residual subsidy is subject to the making of a claim for the payment in such form, and containing such particulars, as the Secretary for State may from time to time determine.
2
The amount of basic or special residual subsidy payable to a housing association for a financial year shall be calculated to the nearest pound by rounding up any odd amount of 50p or more and rounding down any lesser amount.
3
Powers exercisable in case of disposal of houses by association
C206
1
The Secretary of State may reduce, suspend or discontinue the payment of basic or special residual subsidy to a housing association if the association leases for a term exceeding seven years or otherwise disposes of any of the houses in respect of which the association is entitled to the payment.
2
If any houses of an association are leased for a term exceeding seven years to, or become vested in—
a
another housing association, or trustees for another housing association, or
b
the Housing Corporation,
the Secretary of State may pay to that association or to the Corporation any basic or special residual subsidy which he would otherwise have paid to the former association for any financial year, beginning with that in which the houses are so leased or become so vested.
3
For the purposes of this paragraph a lease shall be treated as being for a term exceeding seven years where the original term is for a lesser period but the lease confers on the lessee an option for renewal for a term which, together with the original term, exceeds seven years.
Saving for financial years beginning before the commencement of this Act
C217
1
The preceding provisions apply in relation to the financial year 1986-87 and subsequent financial years.
2
Part III Contributions and Grants Under Arrangements With Local Authorities
(s. 12 of the Housing (Financial Provisions) Act 1958; s. 12 of the Housing Subsidies Act 1967; s. 21 of the Housing Act 1969)
1
1
Contributions by the Secretary of State in connection with arrangements made under section 121 of the M65Housing Act 1957 (arrangements between housing associations and local authorities for improvement of housing) remain payable—
a
b
under section 21 of the M68Housing Act 1969 as regards arrangements made on or after that date and approved under subsection (2) of that section before 1st April 1975.
2
The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions, as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
3
Where such a contribution is paid to a local authority, the authority shall pay to the housing association by way of annual grant an amount not less than the contribution.
2
If the Secretary of State is satisfied, in the case of contributions payable under section 12 of the Housing (Financial Provisions) Act 1958, that the housing association have made default in giving effect to the terms of the arrangements, he may, as he thinks just—
a
reduce the amount of the contribution payable to the local authority, or
b
suspend or discontinue the payment;
and the local authority may reduce to a proportionate or any less extent the annual grant payable by them to the association or, as the case may be, suspend the payment for a corresponding period or discontinue the payment.
(s. 17 of the Housing (Financial Provisions) (Scotland) Act 1968)
3
1
Contributions by the Secretary of State under section 17 of the M69Housing (Financial Provisions) (Scotland) Act 1968 remain payable in connection with arrangements made under section 121 of the M70Housing (Scotland) Act 1950 or section 155 of the M71Housing (Scotland) Act 1966 (arrangements between housing associations and local authorities for improvement of housing) and approved on or after 16th August 1964 and before 1st April 1975.
2
The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
3
Where such a contribution is paid to a local authority, the authority shall pay to the housing association by way of annual grant an amount not less than the contribution.
4
1
The Secretary of State may, in any of the circumstances mentioned in sub-paragraph (2), reduce the amount of the contributions in respect of a particular subsidised unit, or suspend or discontinue the payment of the contributions, or part of them, as he thinks just in the circumstances.
2
The circumstances referred to in sub-paragraph (1) are—
a
that the housing association has made default in giving effect to the terms of the arrangements with the local authority, or
b
that the subsidised unit has been converted, demolished or destroyed, is not fit to be used or has ceased to be used for the purpose for which it was intended, has been sold or leased for a stipulated duration exceeding twelve months or has been transferred, whether by sale or otherwise.
3
The local authority may reduce to a corresponding or less extent the annual grant payable by them to the association, or, as the case may be, suspend payment of the whole or a corresponding part of the payment for a corresponding period, or discontinue the payment or a corresponding part.
Part IV Contributions Under Arrangements with the Secretary of State in Scotland
(s. 16 of the Housing (Financial Provisions) (Scotland) Act 1968)
1
1
Contributions by the Secretary of State under section 16 of the Housing (Financial Provisions) (Scotland) Act 1968 remain payable in connection with arrangements made under—
section 14 of the M72Housing (Scotland) Act 1962, or
section 154 of the Housing (Scotland) Act 1966,
(arrangements between Secretary of State and housing associations) and approved before 1st April 1975.
2
The Secretary of State may, in any of the circumstances mentioned in sub-paragraph (3), reduce the amount of the contributions in respect of a particular subsidised unit, or suspend or discontinue the payment of the contributions, or part of them, as he thinks just in the circumstances.
3
The circumstances referred to in sub-paragraph (2) are—
a
that the housing association has made default in giving effect to the terms of the arrangements, or
b
the subsidised unit has been converted, demolished or destroyed, is not fit to be used or has ceased to be used for the purpose for which it was intended, has been sold or leased for a stipulated duration exceeding twelve months or has been transferred, whether by sale or otherwise.
Part V Schemes for the Unification of Grant Conditions
(s. 123 of the Housing Act 1957; s. 157 of the Housing (Scotland) Act 1966)
1
A scheme under section 123 of the M73Housing Act 1957 (schemes for the unification of divergent grant conditions affecting the management of a housing association’s houses) which was made before 10th August 1972 and is in force immediately before the commencement of this Act remains in force under this paragraph.
2
A scheme under section 157 of the M74Housing (Scotland) Act 1966 (schemes for the unification of divergent grant conditions affecting the management of a housing association’s houses) which was made before 3rd August 1972 and is in force immediately before the commencement of this Act remains in force under this paragraph.
Part VI New Building Subsidy and Improvement Subsidy
(s. 75 of the Housing Finance Act 1972; ss. 55 and 57 of the Housing (Financial Provisions) (Scotland) Act 1972)
1
1
The following subsidies remain payable in respect of building schemes or improvement schemes approved by the Secretary of State before 1st April 1975—
a
b
improvement subsidy under section 57 of the Housing (Financial Provisions) (Scotland) Act 1972.
2
Payment of the subsidy is subject to the making of a claim for the payment in such form, and containing such particulars as the Secretary of State may from time to time determine.
3
The amount of the subsidy payable for a financial year shall be calculated to the nearest pound by rounding up any odd amount of 50p or more and rounding down any lesser amount.
4
The subsidy is payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
2
1
The Secretary of State may make reduced payments of subsidy, or suspend or discontinue such payments, if—
a
he made his approval of the scheme subject to conditions and is satisfied that any of the conditions has not been complied with, or
b
he is satisfied that a dwelling comprised in the scheme has been converted, demolished or destroyed, is not fit to be used or is not being used for the purpose for which it was intended, has been sold or leased for a term exceeding seven years or has ceased for any reason whatsoever to be vested in the association or trustees for the association.
2
If any of the dwellings comprised in the scheme become vested in, or are leased for a term exceeding seven years to—
a
a housing association, or trustees for a housing association other than the association which received approval for the scheme, F303or
b
the Housing Corporation,
the Secretary of State may, for any year beginning with that in which they come to be so vested or are so leased, pay them the whole or any part of the subsidy which he would otherwise have paid to the association which received approval for the scheme.
3
For the purposes of this paragraph a dwelling shall be treated as leased for a term exceeding seven years if it is leased for a lesser term by a lease which confers on the lessee an option for renewal for a term which, together with the original term, exceeds seven years.
3
1
Where a housing association satisfies the Secretary of State, by furnishing him with such information as to its financial position as he may require, that the amount of new building subsidy for a year will be, or was, inadequate having regard to its normal sources of income to enable it to meet such expenditure (including loan charges) as in his opinion it would be, or was, reasonable for it to incur for that year in the exercise of its housing functions, he may direct that for that year the percentage of the initial deficit to be met by subsidy shall be greater than that otherwise applicable.
2
The percentage shall not, however, be greater than 90 per cent. or the percentage met by subsidy for the immediately preceding year, whichever is less.
3
This paragraph does not apply in relation to the year of completion or the second or third year for which new building subsidy is payable.
4
In this paragraph—
“housing functions” means constructing, improving or managing, or facilitating or encouraging the construction or improvement of dwellings, the provision of dwellings by conversion and the acquisition of dwellings, and includes functions which are supplementary or incidental to any of those functions;
“loan charges” includes any loan charges made by a housing association (including charges for debt management) whether in respect of borrowing from a capital fund kept by the association or in respect of borrowing between accounts kept by the association for different functions or otherwise.
4
1
Where before 1st April 1976 a registered housing association made an application for housing association grant in respect of a housing project which was or included a building scheme or improvement scheme which had been previously approved for the purposes of any of the provisions mentioned in paragraph 1 and the Secretary of State gave his approval to that project for the purposes of housing association grant, no further payments of new building subsidy or improvement subsidy shall be made in respect of that approved scheme.
2
A condition imposed by the Secretary of State in such a case by virtue of section 35(2)(b) of the M77Housing Act 1974, requiring the repayment of all or any of the payments of new building subsidy or improvement subsidy already paid, if in force immediately before the commencement of this Act, remains in force under this sub-paragraph.
3
No account shall be taken under section 47(2)(b) (estimation of net cost of project for purposes of housing association grant: income to include subsidies) of payments of subsidy received which are required to be repaid in pursuance of such a condition.
Part VII Payments in Respect of Hostels Under Pre-1974 Enactments
(s. 21 of the Housing (Financial Provisions) (Scotland) Act 1968)
1
1
Section 21 of the M78Housing (Financial Provisions) (Scotland) Act 1968 (exchequer contributions for hostels) continues to have effect in relation to buildings provided or converted by a housing association which were approved by the Secretary of State for the purposes of subsection (1) of that section before 1st April 1975.
2
A registered housing association may not make an application for housing association grant in respect of a housing project which consists of or includes the carrying out of works for the provision of hostels if before 1st April 1975 any contribution has been made under section 21 of the Housing (Financial Provisions) (Scotland) Act 1968.
3
If in a case where sub-paragraph (2) does not prevent the making of such an application a registered housing association makes an application for housing association grant in respect of a housing project falling within that sub-paragraph and the Secretary of State gives his approval to the project for the purposes of housing association grant, section 21 of the M79Housing (Financial Provisions) (Scotland) Act 1968 shall cease to have effect with respect to the provision of hostels referred to in that sub-paragraph.
SCHEDULE 6
F199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C33C43SCHEDULE 7 Powers Exercisable Where Loan Outstanding under Section 2 of The Housing Act 1964
Sch. 7: transfer of functions (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2 (see S.I. 2008/3068, art. 2(1)(b))
Sch. 7 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 3 (with art. 6) (see S.I. 2008/3068, art. 2(1)(b))
Introductory
F3051
This Schedule applies where—
a
the Housing Corporation made a loan to a housing association under section 2 of the Housing Act 1964 before the repeal of that section by the Housing (Consequential Provisions) Act 1985,
b
the Housing Corporation’s rights and obligations in respect of the loan have been transferred to the Regulator of Social Housing, and
c
the loan has not been repaid.
Directions as to disposal of land securing loan
2
1
The F306Regulator of Social Housing may F177... give the association directions with respect to the disposal of land belonging to the association in which the F306Regulator of Social Housing has an interest as mortgagee under a mortgage, or as creditor in a heritable security, entered into by the association to secure the loan.
2
Directions so given may be varied or revoked by subsequent directions F178... .
F1793
The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the F307Regulator of Social Housing.
3
Where the F308Regulator of Social Housing proposes to give a housing association directions under paragraph 2 requiring the association to transfer to the F308Regulator of Social Housing the association’s interest in any land, the Secretary of State shall not consent to the giving of the directions unless he at the same time approves, or has previously approved, a scheme under paragraph 5 with respect to that land F309....
4
F1801
Where the F310Regulator of Social Housing proposes to give directions under paragraph 2 to an association whose rules restrict membership to persons entitled or prospectively entitled (whether as tenants or otherwise) to occupy a dwelling provided or managed by the association requiring the association to transfer its interest in any such land to the F310Regulator of Social Housing, or to any other person, the Secretary of State shall not consent to the giving of the directions unless he is satisfied that arrangements have been made which, if the directions are given, will secure that the members of the association receive fair treatment in connection with the transfer.
F3112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schemes for Corporation to provide housing accommodation in place of association
5
1
If it appears to the F312Regulator of Social Housing—
a
that the association is experiencing difficulty in providing housing accommodation on any land which it has acquired or in managing housing accommodation provided by it on any land, or is in any way failing to perform its functions as a housing association in relation to any land, and that accordingly it is undesirable for the land in question to remain in the hands of the association,
b
that there is no other housing association, whether in existence or about to be formed, to which the association’s interest in the land in question can suitably be transferred, and
c
that the land is capable of being, or continuing to be, used to provide housing accommodation for letting,
the F312Regulator of Social Housing may prepare and submit to the Secretary of State a scheme.
F3171A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The scheme shall be for the F313Regulator of Social Housing—
a
to acquire the association’s interest in the land,
b
to undertake all such operations as may be required for the provision or continued provision on the land of housing accommodation for letting (including any operation which might have been carried out by a housing association in connection with the provision of housing accommodation), and
c
to retain the accommodation and keep it available for letting so long as the scheme has not been terminated in any manner provided for in the scheme.
3
Where such a scheme is submitted to the Secretary of State by the F314Regulator of Social Housing, the Secretary of State, on being satisfied of—
a
the undesirability of the land remaining in the hands of the association, and
b
the lack of any housing association to which it can suitably be transferred,
may, if he thinks fit, approve the scheme.
4
If he does so the F315Regulator of Social Housing shall have power to acquire for the purposes of the scheme the association’s interest in the land and to carry through the provisions of the scheme.
5
A scheme approved by the Secretary of State under this paragraph may be varied from time to time in accordance with proposals in that behalf made by the F316Regulator of Social Housing and approved by the Secretary of State.
F3186
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TABLE OF DERIVATIONS
1
The following abbreviations are used in this Table:— Acts of Parliament
1957 | = | The Housing Act 1957 (c.56). |
1958 (c.42) | = | The Housing (Financial Provisions) Act 1958. |
1959 (c.53) | = | The Town and Country Planning Act 1959. |
1959 (c.70) | = | The Town and Country Planning (Scotland) Act 1959. |
1960 (c.58) | = | The Charities Act 1960. |
1961 | = | The Housing Act 1961 (c.65). |
1963 (c.33) | = | The London Government Act 1963. |
1964 | = | The Housing Act 1964 (c. 56). |
1965 (c.12) | = | The Industrial and Provident Soceties Act 1965. |
1965 (c.25) | = | The Finance Act 1965. |
1966 (S.) | = | The Housing (Scotland) Act 1966 (c.49). |
1968 (c.13) | = | The National Loans Act 1968. |
1968 (S.) | = | The Housing (Financial Provisions) (Scotland) Act 1968 (c.31). |
1969 | = | The Housing Act 1969 (c.33). |
1970 (c.10) | = | The Income and Corporation Taxes Act 1970. |
1970 (c.35) | = | The Conveyancing and Feudal Reform (Scotland) Act 1970. |
1972 (S.) | = | The Housing (Financial Provisions) (Scotland) Act 1972 (c. 46). |
1972 | = | The Housing Finance Act 1972 (c.47). |
1972 (c.70) | = | The Local Government Act 1972. |
1973 (c.65) | = | The Local Government (Scotland) Act 1973. |
1974 | = | The Housing Act 1974 (c.44). |
1975 | = | The Housing Rents and Subsidies Act 1975 (c.6). |
1975 (c.28) | = | The Housing Rents and Subsidies (Scotland) Act 1975. |
1975 (c.55) | = | The Statutory Corporations (Financial Provisions) Act 1975. |
1976 (c.75) | = | The Development of Rural Wales Act 1976. |
1977 (c.42) | = | The Rent Act 1977. |
1978 | = | The Home Purchase Assistance and Housing Guarantee Act 1978 (c. 27). |
1980 (c.43) | = | The Magistrates’ Courts Act 1980. |
1980 | = | The Housing Act 1980 (c.51). |
1980 (S.) | = | The Tenants Rights etc. (Scotland) Act 1980 (c.52) |
1981 (c.64) | = | The New Towns Act 1981. |
1981 (c.67) | = | The Acquisition of Land Act 1981. |
1982 (c.48) | = | The Criminal Justice Act 1982. |
1983 (c.29) | = | The Miscellaneous Financial Provisions Act 1983. |
1984 | = | The Housing and Building Control Act 1984 (c.29). |
1985 (c.9) | = | The Companies Consolidation (Consequential Provisions) Act 1985. |
1985 (c.51) | = | The Local Government Act 1985. Subordinate legislation |
S.I. 1972/1204 | = | The Isles of Scilly (Housing) Order 1972. |
S.I. 1973/886 | = | The Isles of Scilly (Housing) (No. 2) Order 1973. |
S.I. 1975/374 | = | The Housing Act 1974 (Commencement No. 4) Order 1975. |
S.I. 1975/512 | = | The Isles of Scilly (Housing) Order 1975. |
S.I. 1983/664 | = | The Housing Corporation Advances (Increase of Limit) Order 1983. |
S.I. 1984/1803 | = | The Housing Association Grant (Disposal of Dwellings) Order 1984. |
2. The Table does not show the effect of Transfer of Functions Orders.
3. The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of the Housing Acts (Cmnd. 9515).
4. A reference followed by “passim” indicates that the provision of the consolidation derives from passages within those referred to which it is not convenient, and does not appear necessary, to itemise.
5. The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance, a provision introducing a Schedule or introducing a definition to avoid undue repetition of the defining words.
Provision | Derivation |
|---|---|
1(1) | 1957 s. 189(1); 1964 s. 12(1); 1966 (S.) s.208(1); 1974 s. 129(1), (2), Sch. 13 para. 6. |
(2) | drafting. |
(3) | 1974 s. 12. |
2 | 1977 s. 2(6A); 1977 (c.42) s. 15(5); 1980 ss. 74(2), 123(7). |
3 | 1974 s. 13(1), (7). |
4(1) | 1974 s. 13(1). |
(2) | 1974 s. 13(2). |
(3) | 1974 s. 13(3); 1980 s. 127(1)-(3); 1984 s. 35(4); Sch. 11 para. 27. |
5(1) | 1974 s. 13(1), (4), (5). |
(2) | 1974 s. 13(4). |
(3) | 1974 s. 16(1), (2). |
(4) | 1974 s. 13(6). |
6(1) | 1974 s. 15(1). |
(2), (3) | 1974 s. 15(2). |
(4) | 1974 s. 15(2A); 1980 s. 128(1)(a), (2). |
(5) | 1974 s. 16(1), (2). |
7(1) | 1974 s. 15(3). |
(2) | 1974 s. 15(4). |
(3) | 1974 s. 16(3). |
8(1)-(3) | 1980 s. 122(1)-(3). |
9(1) | 1974 s. 2(1), (6). |
(2) | 1974 s. 2(1A), (1B); 1980 s. 123(2). |
(3) | 1974 s. 2(5A); 1980 s. 123(6), 137(1). |
(4) | 1974 s. 15(6); 1980 s. 128. |
(5) | 1974 s. 2(1). |
10(1) | 1974 s. 2(2), (3); 1980 s. 123(3). |
(2) | 1974 s. 2(3A); 1980 s. 123(4). |
(3) | 1974 s. 2(4); 1980 s. 123(5). |
(4) | 1974 s. 2(3). |
11 | drafting. |
12 | 1980 s. 137(1), (2); 1984 Sch. 11 para. 28. |
13(1) | 1974 s. 26(1). |
(2) | 1974 s. 26(2); 1980 Sch. 25 para. 25. |
(3) | 1974 s. 26(5); 1980 Sch. 11 Part II. |
14(1) | 1974 s. 26(3), (4), (6); 1980 Sch. 16 Part II. |
(2) | 1974 s. 26(5), 1980 Sch. 16 Part II. |
Provision | Derivation |
15(1) | 1974 s. 27(1)-(3); 1980 Sch. 16 Part II. |
(2) | 1974 s. 27(5)-(7); 1980 Sch. 16 Part II. |
(3) | 1974 s. 27(4); 1980 Sch. 16 Part II. |
16(1) | 1974 s. 20(2); 1970 (c.35) Sch. 3 para. 9(2); R.32. |
(2), (3) | 1974 s. 20(6). |
(4) | 1974 s. 20(6). |
17(1), (2) | 1974 s. 20(3). |
(3) | 1974 s. 20(4). |
(4) | 1980 Sch. 17 para. 8. |
18(1) | 1980 Sch. 17 paras. 4, 5. |
(2) | 1980 Sch. 17 para. 6(b). |
(3) | 1980 Sch. 17 para. 7. |
19(1) | 1974 s. 24(1). |
(2)-(4) | 1965 (c.12) s. 10; 1974 s. 24(5A); 1980 s. 132. |
20(1) | 1974 s. 25(1). |
(2) | 1960 (c.58) s. 46; 1974 s. 25(1)-(3). |
21(1)-(6) | 1974 s. 24(1)-(5), (6). |
22(1), (2) | 1974 s. 22(1), (2). |
23(1) | 1974 s. 23(1). |
(2) | 1974 s. 23(2). |
(3) | 1974 s. 23(3). |
(4) | 1974 s. 23(4). |
(5) | 1974 s. 23(3). |
24(1) | 1980 s. 124(1). |
(2) | 1980 s. 124(6). |
(3) | 1980 s. 124(2). |
(4) | 1980 s. 124(3). |
(5) | 1980 s. 124(7), 151(1), (3). |
25 | 1980 s. 124(4). |
26 | 1980 s. 124(5). |
27(1) | 1980 s. 125(1). |
(2) | 1980 s. 125(2); 1982 (c. 48) ss. 37(1), 46(2). |
(3) | 1980 s. 125(3). |
(4) | 1980 s. 125(4). |
28(1) | 1974 s. 19(1), (1A); 1980 Sch. 17 para. 1. |
(2) | 1974 s. 19(2); 1980 Sch. 17 paras. 2, 6(b). |
(3) | 1974 s. 19(3); 1975 (c. 21) ss. 289F, 289G; 1982 (c. 48) ss. 37, 46(1), 54. |
(4) | 1974 s. 19(5). |
(5) | 1974 s. 19(8); 1980 Sch. 17 para. 2. |
(6) | 1980 s. 155(2). |
29(1) | 1974 s. 19(4). |
(2) | 1974 s. 19(4); 1980 Sch. 17 para. 6(e). |
(3) | 1974 s. 19(5). |
(4) | 1974 s. 19(6). |
(5) | 1974 s. 19(7). |
Provision | Derivation |
30(1) | 1974 s. 20(1); 1980 Sch. 17 paras. 3(a), 6(b). |
(2), (3) | 1974 s. 20(6). |
(4) | 1974 s. 20(5); 1980 Sch. 17 para. 3(c). |
(5) | 1974 s. 20(1A); 1980 Sch. 17 para. 3(b). |
(6) | 1974 s. 20(7); 1975 (c. 21) ss. 289F, 289G; 1980 Sch. 17 para. 9; 1982 (c. 48) ss. 37, 46(1), 54. |
31(1) | 1974 ss. 19, 20passim; 1980 Sch. 17 paras. 4, 5, 6(a). |
(2) | 1980 Sch. 17 para. 7. |
(3) | 1980 Sch. 17 para. 6(c)(d). |
32(1) | 1974 s. 21(1). |
(2) | 1974 s. 21(2)(a). |
(3) | 1974 s. 21(2)(b). |
(4) | 1974 s. 21(3). |
(5) | 1974 s. 21(4). |
33(1) | 1957 s. 124; 1966 (S.) s. 158(1). |
(2) | 1957 s. 124; 1966 (S.) s. 158(2). |
34(1), (2) | 1957 s. 119(2). |
35(1) | 1957 s. 128(1); R.4(ii). |
(2) | drafting. |
36(1) | 1957 s. 128(2); R.4(ii). |
(2) | 1957 s. 128(3); R.4(ii). |
37 | “appropriate registrar” 1974 s. 28; “committee” 1965 s. 74, 1974 s. 28; “co-opted member” 1974 s. 26(6), 1980 Sch. 16 Part II; drafting. |
38 | 1974 ss. 28, 129(1); 1980 s. 133(1). |
39 | “mental disorder” 1974 s. 20(2)(a); “secure tenancy” 1974 s. 2(6A), 1980 s. 123(7). |
40 | drafting. |
41(1) | 1974 ss. 29(1), 29A(2); 1975 s. 6; 1975 (S.) s. 12; 1980 Sch. 18 para. 3. |
(2) | 1974 s. 29A(1); 1980 Sch. 18 Para. 3. |
42(1) | 1974 s. 29(2). |
(2), (3) | 1974 s. 29(2), (2A); 1980 Sch. 18 para. 1. |
43 | 1980 s. 130(1). |
44(1) | 1984 s. 33(1). |
(2) | 1984 s. 33(2). |
(3) | drafting. |
45(1), (2) | 1984 s. 35(1). |
(3) | 1984 s. 35(2). |
(4) | 1984 s. 35(3). |
46 | 1974 s. 29(3). |
47(1) | 1974 s. 29(4). |
(2), (3) | 1974 s. 29(6). |
(4) | 1974 s. 29(8). |
(5) | 1974 s. 29(6A); 1980 Sch. 18 para. 2. |
(6) | 1974 s. 29(7). |
Provision | Derivation |
48(1) | 1974 s. 29(5). |
(2) | 1974 s. 29(8). |
(3) | 1980 s. 130(2); S.I. 1984/1803. |
(4) | 1980 s. 151(1), (3). |
49(1)-(4) | 1974 s. 30(1); 1980 Sch. 18 para. 4. |
(5) | 1974 s. 30(8). |
(6) | 1974 s. 15(5). |
50(1), (2) | 1974 s. 30(2), (2A); 1980 Sch. 18 para. 5. |
51(1), (2) | 1974 s. 30(4), (6). |
52(1) | 1974 s. 30(3); 1980 Sch. 18 para. 6; 1984 s. 34(1). |
(2) | 1974 s. 30(3); 1980 Sch. 18 para. 6. |
(3) | 1984 s. 34(2). |
(4) | 1984 s. 34(3). |
53(1) | 1980 s. 131(1). |
(2) | 1980 s. 131(2). |
(3) | 1980 s. 131(3). |
(4) | 1980 s. 131(3), (4). |
(5) | 1980 s. 131(4). |
(6) | 1980 s. 131(5). |
(7) | 1980 s. 131(6). |
54(1) | 1974 s. 32(1); 1975 s. 6; 1975 (S.) s. 12; 1980 Sch. 18 para. 9(a). |
(2), (3) | 1974 s. 32(3); 1980 Sch. 18 para. 9(c). |
(4) | 1976 s. 32(5); 1980 Sch. 18 para. 9(e). |
(5) | 1974 s. 32(3); 1980 s. 133(2), Sch. 18 para. 9(c). |
55(1) | 1974 s. 33(1); 1980 Sch. 18 para. 10(a). |
(2)-(4) | 1974 s. 33(3); 1980 Sch. 18 para. 10(c). |
(5) | 1974 s. 33(4); 1980 Sch. 18 para. 10(d). |
(6) | 1974 s. 33(5); 1980 Sch. 18 para. 10(e). |
56(1) | 1974 ss. 32(2), 33(2); 1980 Sch. 18 paras. 9(b)(i), 10(b). |
(2) | 1974 ss. 32(2)(a), (b), 33(2), (7); 1980 Sch. 18 paras. 9(b)(ii), 10(b). |
(3) | 1974 s. 32(2)(c); 1980 Sch. 18 para. 9(b)(iii). |
57(1)-(3) | 1974 ss. 32(6), 33(6); 1980 Sch. 18 paras. 9(f), 10(f). |
(4) | 1974 s. 15(5). |
58(1) | 1957 s. 119(1). |
(2) | 1957 s. 119(3). |
(3) | 1972 s. 78(1), (2)(a), (4). |
59(1) | 1966 (S.) s. 152(1), (3); 1973 (c.65) Sch. 12 para. 10. |
(2) | 1966 (S.) s. 152(2), (3); 1973 (c.65) Sch. 12 para. 10. |
(3) | 1972 (S.) s. 58(1), (2)(b), (3). |
(4) | 1966 (S.) ss. 152(2), 198. |
60(1) | 1974 s. 17(1)(b). |
(2) | 1974 s. 17(3), (5); 1975 Sch. 5 para. 13; 1975 (S.) Sch. 3 para. 13. |
(3) | 1974 s. 17(4). |
61(1) | 1957 s. 122; 1966 (S.) s. 156(1). |
(2) | 1957 s. 122; 1966 (S.) s. 156(2); R.33. |
62(1) | 1965 (c.25) s. 93(1). |
(2) | 1965 (c.25) s. 93(6); 1970 (c.10) Sch. 15 para. 11 Table Pt. II; 1974 s. 17(2), (3). |
(3) | 1965 (c.25) s. 93(4). |
Provision | Derivation |
62(4) | 1965 (c.25) s. 93(1), (2). |
(5) | 1965 (c.25) s. 93(2). |
(6), (7) | 1965 (c.25) s. 93(3). |
63(1) | 1964 s. 8(1); 1974 Sch. 13 para. 10(2). |
(2) | 1964 s. 8(2); 1974 Sch. 13 para. 10(2). |
(3) | 1964 s. 8(10); 1974 Sch. 13 para. 10(2). |
(4) | 1964 s. 8(3). |
(5) | 1964 s. 8(4). |
(6) | 1964 s. 8(3), (10). |
64 | 1964 s. 8(8); 1975 (c.21) s. 298(1); 1977 Sch. 11; 1980 (c.44) s. 32(2); 1982 (c.48) s. 74(1). |
65 | 1964 s. 8(5); 1974 Sch. 13 para. 10(2). |
66(1)(a), (b) | 1964 s. 8(12). |
(c) | 1964 s. 107. |
(d) | drafting |
(2) | 1964 s. 107. |
67(1) | 1958 s. 47(1), (2)(b). |
(2) | 1958 s. 47(3), (5)(c), (6). |
(3) | 1958 s. 47(5)(c). |
(4) | 1958 s. 47(6) proviso (b). |
(5) | 1958 s. 47(5) (a), (b) proviso. |
68(1) | 1968 (S.) s. 24(1). |
(2) | 1968 (S.) s. 24(2), (4)(c), (5). |
(3) | 1968 (S.) s. 24(4)(c). |
(4) | 1968 (S.) s. 24(5) proviso (b). |
(5), (6) | 1968 (S.) s. 24(4)(a), (b) proviso. |
69(1) | 1972 (S.) ss. 58(2), 59(1); 1972 ss. 78(2), 79(1). |
(2) | 1972 (S.) ss. 58(5), 59(2); 1972 ss. 78(6), 79(2). |
(3) | 1972 ss. 78(1), 79(2). |
(4) | 1972 (S.) ss. 58(1), (5), 59(2). |
70 | drafting. |
71 | drafting. |
72 | “building society” 1964 s. 8(11); “Chief Registrar” 1964 s. 8(11); “officer” 1964 s. 8(11); “registered charity” drafting see 1974 s. 32(3)(1). |
73 | drafting. |
74(1), (2) | drafting. |
75(1) | 1974 s. 1(2). |
(2) | 1974 s. 1(3). |
(3) | 1974 s. 1(2). |
(4) | 1964 Sch. 1 para. 5; 1974 Sch. 1 para. 3. |
Provision | Derivation |
76(1) | 1964 s. 1(2); R.34(i). |
(2) | 1974 s. 9(3). |
(3) | 1964 s. 1(2). |
(4) | 1959 (c.53) s. 29; 1959 (c.70) s. 29; 1964 s. 1(4), (9). |
77 | 1964 s. 7; R.35. |
78 | 1964 s. 10(6). |
79(1) | 1974 s. 9(1). |
(2) | 1974 s. 9(2). |
(3) | 1974 s. 9(1), (2), (4). |
(4) | 1974 s. 9(3). |
80(1)-(3) | 1974 s. 9(5). |
(4) | 1974 s. 9(6). |
81 | 1984 s. 24(1). |
82 | drafting. |
83(1), (2) | 1974 s. 10(1). |
(3), (4) | 1974 s. 10(2); 1978 s. 5(1), (2). |
84(1) | 1980 s. 111(1); 1984 s. 20(1). |
(2) | 1980 s. 111(3); 1984 s. 20(2). |
(3) | 1980 s. 111(4); 1984 s. 20(3). |
(4) | 1980 s. 111(1), (5); 1984 s. 20(4)(a). |
(5) | 1980 s. 111(5), (6); 1984 s. 20(4)(b). |
(6) | 1980 s. 111(8); 1984 s. 20(7). |
85(1) | drafting. |
(2) | 1984 s. 20(5); “recognised body”. |
(3) | 1984 s. 20(6). |
(4) | 1984 ss. 18(3), (4), 20(5) “relevant advance”. |
(5) | 1984 s. 18(4) “long lease”. |
86 | 1980 (S.) s. 31. |
87(1)-(3) | 1980 s. 121(2). |
(4) | 1980 s. 121(3). |
88(1) | 1974 ss. 1(2)(d), 3(1), (3). |
(2) | 1974 s. 3(6). |
(3) | 1974 s. 3(4); 1981 Sch. 4 para. 1. |
(4) | 1974 s. 3(2). |
(5) | 1974 s. 3(5). |
89 | 1974 s. 4. |
90(1) | 1974 s. 5(2). |
(2) | 1974 s. 5(3); 1976 (c. 75) Sch. 7 para. 12; 1981 (c. 64) Sch. 12 para. 13(a). |
(3) | 1974 s. 5(3A); 1980 Sch. 25 para. 24. |
(4) | 1974 s. 5(4). |
(5) | 1974 s. 5(5)-(7). |
(6) | 1974 s. 5(1). |
91 | 1959 (c.53) s. 29(1); 1959 (c.70) s. 29(1); 1964 s. 1(4), (9). |
92(1) | 1974 s. 7(2). |
(2) | 1974 s. 7(3). |
(3) | 1974 s. 7(4); 1975 (c.55) Sch. 4 para. 8. |
(4) | 1974 s. 7(6). |
Provision | Derivation |
92(5) | 1974 s. 7(8). |
(6) | 1974 s. 7(7). |
93(1) | 1974 s. 7(1). |
(2) | 1974 s. 7(5); 1975 Sch. 5 para. 12; S.I. 1975/374; 1980 s. 120(1); S.I. 1983/664. |
(3) | 1974 ss. 7(5), 128(1). |
(4) | 1980 s. 120(2). |
(5) | 1974 s. 7(9). |
94(1) | 1974 s. 8(1); 1983 (c.29) s. 4. |
(2) | 1974 s. 8(2). |
(3) | 1974 s. 8(3). |
(4) | 1974 s. 8(4). |
(5) | 1974 s. 8(5). |
(6) | 1974 s. 8(2). |
95 | 1980 s. 121(1). |
96(1) | 1974 s. 10(3). |
(2) | 1974 s. 10(4). |
(3) | 1974 s. 10(5). |
(4) | 1974 s. 10(6). |
(5) | 1974 s. 10(4), (5), (6). |
97(1) | 1964 s. 10(1). |
(2) | 1964 s. 10(2). |
(3) | 1964 s. 10(3). |
(4) | 1964 s. 10(4), (5); 1968 (c.13) Sch. 1; 1974 Sch. 13 para. 10(3). |
(5) | 1964 s. 10(5); 1985 (c.9) Sch. 2. |
(6) | 1964 s. 10(7). |
98(1) | 1974 s. 6(1). |
(2) | 1974 s. 6(3). |
99 | 1974 s. 6(2). |
100 | 1964 s. 11; 1974 Sch. 13 para. 10(4). |
101 | “building society” 1980 s. 111(7); “financial year” 1964 s. 10(7); 1978 (c.30) Sch. 1; “highway” 1974 s. 12; “subsidiary” 1974 s. 12; 1985 (c.9) Sch. 2. |
102 | drafting. |
103 | 1972 s. 103; 1975 Sch. 5 para. 7(1); S.I. 1972/1204; S.I. 1975/512; R.29. |
104(1) | 1963 (c.33) s. 21(1), (2); 1972 (c.70) s. 193(1); 1966 (S.) s. 1; 1973 (c.65) s. 130(3), Sch. 12 para. 6; S.I. 1972/1204; S.I. 1973/886; S.I. 1975/512. |
(2) | drafting. |
105 | 1957 s. 104B(4B)(c); 1984 Sch. 6 para. 1(2). |
106(1), (2). | “bank” 1957 s. 104B(6), 1978 Sch. para. 7, 1984 Sch. 6 para. 1(5); “building society”passim; “dwelling” 1966 (S.) s. 208(1), 1972 s. 104(1), 1974 s. 129(1)(2); “friendly society”passim; “hostel” 1974 s. 129(1)(2), 1966 (S.) s. 208(1); “house” 1957 s. 189(1); 1966 (S.) s. 208(1), 1980 s. 130(3); “housing activities” 1980 s. 133(2), Sch. 18 para. 9, 1984 Sch. 6 para. 1(5); “insurance company” 1957 s. 104B(6), 1978 Sch. para. 8, 1984 Sch. 6 para. 1(5); “local authority” 1957 s. 1, 1974 ss. 5, 129, 1980 s. 111, 1980 (c.52) s. 31, 1984 ss. 18(3), 20(5); 1985 (c.51) Sch. 14 para. 64(a), (b); “new town corporation” 1972 (S.) s. 78(1), 1974 s. 5(3)(c)(d), 1981 (c.64) Sch. 12 para. 13(a); “shared ownership lease” drafting; “trustee savings bank” 1957 s. 104B(6), 1978 Sch. para. 6, 1984 Sch. para. 1(5); “urban development corporation” 1984 s. 18(3). |
Provision | Derivation |
107 | drafting. |
Schedules | |
Sch. 1 | |
para. 1 | 1974 Sch. 2 para. 1. |
para. 2 | 1974 Sch. 2 para. 2. |
para. 3 | 1974 Sch. 2 para. 3. |
Sch. 2 | 1980 s. 122(4), (5), (6). |
para. 1(1) | 1957 s. 104B(1); 1980 s. 92. |
(2) | 1957 s. 104B(2), (3); 1980 s. 92; 1984 Sch. 6 para. 1(1). |
para. 2(1) | 1957 s. 104B(5); 1980 s. 92; 1984 Sch. 6 para. 1(3). |
(2) | 1957 s. 104B(5A); 1984 Sch. 6 para. 1(4). |
(3) | 1957 s. 104B(7); 1980 s. 92. |
(4) | 1957 s. 104B(6); 1978 Sch. paras. 6-9; 1984 Sch. 6 para. 1(5). |
para. 3(1) | 1957 s. 104C(1), (9); 1980 s. 92; 1984 Sch. 6 para. 2(1), (5). |
(2) | 1957 s. 104C(2); 1980 s. 92; 1984 Sch. 6 para. 2(2). |
(3) | 1957 s. 104C(3); 1980 s. 92. |
(4) | 1957 s. 104C(5); 1980 s. 92. |
(5) | 1957 s. 104C(6); 1980 s. 92. |
(6) | 1957 s. 104C(8); 1980 s. 92. |
para. 4 | 1957 s. 104B(4), 104C(7A); 1984 Sch. 6 para. 1(2), 2(4). |
para. 5(1) | 1957 s. 104B(4A); 1984 Sch. 6 para. 1(2). |
(2) | 1957 s. 104B(4B), (8); 1984 Sch. 6 para. 1(2). |
para. 6 | 1957 s. 104B(4A)(d); 1984 Sch. 6 para. 1(2); drafting. |
para. 7 | 1957 ss. 104B(4C), 104C(7); 1984 Sch. 6 paras. 1(2), 2(4). |
para. 8(1) | 1957 ss. 104B(9), 104C(10); 1980 s. 92; 1984 Sch. 6 para. 1(6), 2(6). |
(2) | 1957 s. 104C(10); 1980 s. 92. |
Sch. 3 | |
para. 1(1), (2) | 1980 Sch. 16 Part I para. 1(1), (2). |
para. 2(1), (2) | 1980 Sch. 16 Part I para. 2(1), (2). |
para. 3(1)-(4) | 1980 Sch. 16 Part I para. 3(1)-(4). |
para. 4(1), (2) | 1980 Sch. 16 Part I para. 4(1), (2). |
para. 5 | 1980 Sch. 16 Part I para. 5(1), (2). |
para. 6 | 1980 Sch. 16 Part I para. 5(3), (4). |
para. 7 | 1980 Sch. 16 Part I para. 6. |
Sch. 4 | |
Pt. I | |
para. 1 | 1972 s. 78(2), (3), (5). |
para. 2 | 1974 Sch. 13 para. 5. |
Pt.II | |
para. 1 | 1972 Sch. 7 Pt.III; 1972 (S.) Sch. 1 Pts. IV, VI. |
para. 2 | 1972 s. 79(1); 1972 (S.) s. 59(1). |
Pt.III | 1972 (S.) s. 58(2)(a), (g), (4). |
Sch. 5 | |
Pt. I | |
para. 1 | 1972 s. 72(1)-(7), (9). |
para. 2 | 1972 s. 73(1)-(7). |
para. 3 | 1972 s. 104(1) “housing association”. |
para. 4 | 1972 ss. 74(1), (5), 104(4). |
para. 5 | 1972 ss. 15(1), (2), (5), 71(4). |
para. 6 | 1972 s. 74(2)-(4). |
para. 7 | drafting. |
Pt.II | |
para. 1 | 1972 (S.) s. 52(1)-(6), 8. |
para. 2 | 1972 (S.) s. 53(1)-(3), (8), (9). |
para. 3 | 1972 (S.) s. 78(1) “housing association”. |
para. 4 | 1972 (S.) ss. 54(1), 68(1). |
para. 5 | 1972 (S.) ss. 13, 51(4). |
Provision | Derivation |
Sch. 5 | |
Pt.IIcont. | |
para. 6 | 1972 (S.) s. 54(2)-(4). |
para. 7 | drafting. |
Pt.III | |
para. 1(1) | 1969 Sch. 9 para. 1; 1974 Sch. 14 para. 6. |
(2) | 1958 s. 28; 1967 Sch. 3 para. 6; 1969 Sch. 8 para. 17. |
(3) | 1958 s. 12(1); 1967 s. 12(6); 1969 s. 21(8); Sch. 9 para. 1; 1974 Sch. 14 para. 6. |
para. 2 | 1958 s. 12(2); 1969 Sch. 9 para. 1. |
para. 3(1) | 1968 (S.) s. 17(3); 1974 Sch. 14 para. 6. |
(2) | 1968 (S.) s. 57(1). |
(3) | 1968 (S.) s. 17(2); 1974 Sch. 14 para. 6. |
para. 4(1) | 1968 (S.) s. 58(1). |
(2) | 1968 (S.) s. 58(3). |
(3) | 1968 (S.) s. 58(2). |
Pt.IV | |
para. 1(1) | 1968 (S.) s. 16(2); 1974 Sch. 14 para. 6. |
(2) | 1968 (S.) s. 58(1). |
(3) | 1968 (S.) s. 58(3). |
Pt. V | |
para. 1 | 1972 s. 78(2)(d), (5). |
para. 2 | 1972 (S.) s. 58(2)(f), (4). |
Pt.VI | |
para. 1(1) | 1974 s. 35(1). |
(2)-(4) | 1972 ss. 15(1), (2), (5), 71(4); 1972 (S.) ss. 13(1)-(3), 51(4). |
para. 2(1) | 1972 (S.) ss. 56(2), 57(4); 1972 s. 76(2). |
(2) | 1972 (S.) ss. 56(3), 57(4); 1972 s. 76(3). |
(3) | 1972 (S.) ss. 56(4), 57(4); 1972 s. 76(4). |
para. 3(1)-(3) | 1972 (S.) s. 55(12); 1972 s. 75(12); 1974 Sch. 13 paras. 23(4), 32. |
(4) | 1972 (S.) s. 57(4); 1972 s. 74(5). |
para. 4 | 1974 s. 35(2). |
Pt.VII | |
para. 1(1) | 1974 s. 35(1). |
(2) | 1974 s. 35(4). |
(3) | 1974 s. 35(5). |
Sch. 6 | |
para. 1(1) | 1964 Sch. 1 para. 1. |
(2) | 1964 Sch. 1 para. 6; 1974 Sch. 1 para. 4. |
(3) | 1964 s. 1(3). |
para. 2(1) | 1964 Sch. 1 para. 2(1); 1974 Sch. 1 para. 1. |
(2) | 1964 Sch. 1 para. 2A(1); 1974 Sch. 1 para. 2. |
para. 3(1) | 1964 Sch. 1 para. 2(2). |
(2) | 1964 Sch. 1 para. 2(4). |
(3) | 1964 Sch. 1 para. 2(5). |
(4) | 1964 Sch. 1 para. 2A(1); 1974 Sch. 1 para. 2. |
para. 4(1) | 1964 Sch. 1 para. 2(1), (2). |
(2) | 1964 Sch. 1 para. 2(4). |
(3) | 1964 Sch. 1 para. 2(3). |
para. 5(1), (2) | 1964 Sch. 1 para. 2(7). |
para. 6(1), (2) | 1964 Sch. 1 para. 2(8). |
(3), (4) | 1964 Sch. 1 para. 2(9); 1972 (c.11) Sch. 6 para. 47. |
para. 7(1) | 1964 Sch. 1 para. 3(1). |
(2) | 1964 Sch. 1 para. 3(2). |
para. 8(1) | 1964 Sch. 1 para. 2A(2); 1974 Sch. 1 para. 2. |
(2) | 1964 Sch. 1 para. 2A(3); 1974 Sch. 1 para. 2. |
(3) | 1964 Sch. 1 para. 2A(4); 1974 Sch. 1 para. 2. |
para. 9(1) | 1964 Sch. 1 para. 4(1); 1980 Sch. 25 para. 13. |
(2) | 1964 Sch. 1 para. 4(2). |
Sch. 7 | |
para. 1 | R.36. |
para. 2(1) | 1964 s. 2(3); 1972 s. 77(2); 1974 Sch. 14 para. 1; R.36. |
(2) | 1964 s. 2(3). |
para. 3 | 1964 s. 5(3); R.36. |
Provision | Derivation |
Sch. 7cont. | |
para. 4 | 1964 s. 2(4); R.36. |
para. 5(1), (2) | 1964 s. 5(1); R.36. |
(3), (4) | 1964 s. 5(2); R.36. |
(5) | 1964 s. 5(4). |
Act wholly in force at 1.4.1986 see s. 107(2)