Housing Associations Act 1985

Constitution and other general mattersE+W+S

74 The Housing Corporation.E+W

(1)This Part has effect with respect to the Housing Corporation [F1and the Secretary of State

(1A)Each of them] is referred to in this part as “the [F2Relevant Authority]”.

(2)The provisions of Schedule 6 have effect with respect to the constitution and proceedings of, and other matters relating to, [F3the Housing Corporation].

[F4(3)The functions conferred by this Part in relation to registered social landlords are exercisable by the [F2Relevant Authority] in whose register they are registered.

[F5(4)In this Part,—

(a)in relation to land in Wales held by an unregistered housing association, “the [F2Relevant Authority]” means [F6the Secretary of State]; and

(b)in relation to land outside Wales held by such an association, “the [F2Relevant Authority]” means the Housing Corporation.]

75 General functions of the [F7Relevant Authority].E+W

(1)The [F7Relevant Authority] has the following general functions—

[F8(a)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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(e)to undertake, to such extent as the [F7Relevant Authority] considers 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.

F10[(f)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F12(1A)The Housing Corporation also has the general function of providing, on request, to such extent as the Housing Corporation considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the functions of the Commission mentioned in subsection (1B).

(1B)The functions referred to in subsection (1A) are the functions of the Commission under Part 1 of the Local Government Act 1999 (best value), except to the extent that those functions are exercisable in relation to best value authorities in Wales (within the meaning given in that Act).]

(2)The [F7Relevant Authority] shall exercise its general functions subject to and in accordance with the provisions of this Act [F13and Part I of the Housing Act 1996].

(3)Subsection (1) is without prejudice to specific functions conferred on the [F7Relevant Authority]by or under this Act [F14or Part I of the Housing Act 1996].

(4)The [F7Relevant Authority] may do such things and enter into such transactions as are incidental to or conducive to the exercise of any of its functions, general or specific, under this Act [F14or Part I of the Housing Act 1996].

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76 Directions by the Secretary of State.E+W+S

(1)The Secretary of State may give directions to the [F16Housing Corporation] as to the exercise of its functions.

(2)A direction as to the terms of loans made under section 79 (lending powers of [F16Housing Corporation]) requires the consent of the Treasury.

(3)Directions may be of a general or particular character and may be varied or revoked by subsequent directions.

(4)Non-compliance with a direction does not invalidate a transaction between a person and the [F16Housing Corporation] unless the person had actual notice of the direction.

[F1776A Realisation of value of [F18Housing Corporation’s] loans portfolio.E+W

(1)The [F19Housing Corporation] may, and if so directed by the Secretary of State (under section 76) shall, enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.

(2)The arrangements may provide for—

(a)the transfer of any estate or interest of the [F19Housing Corporation], or

(b)the creation or disposal of economic interests not involving a transfer of an estate or interest,

and may extend to such incidental or ancillary matters as the [F19Housing Corporation] or the Secretary of State considers appropriate.

(3)In this section the [F18Housing Corporation’s]“loans portfolio” means the [F18Housing Corporation’s] rights and obligations in relation to any loans or related securities.

(4)Nothing in the terms of any loan or related transaction entered into by the [F19Housing Corporation] shall be construed as impliedly prohibiting or restricting the [F19Housing Corporation] from dealing with its loans portfolio in accordance with arrangements under this section.]

77 Advisory service.E+W+S

(1)The [F20Relevant Authority] may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to [F21registered 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 [F20Relevant Authority] may make charges for the service.

[F22(3)The powers conferred on the [F20Relevant Authority] by subsections (1) and (2) may be exercised by the Housing Corporation and [F23the Secretary of State] acting jointly]

78 Annual report.E+W+S

(1)The [F24Housing Corporation] shall, as soon as possible after the end of each financial year, make a report to the Secretary of State on the exercise of its functions during the year.

(2)It shall include in the report a copy of its audited accounts and shall set out in the report any directions given to it by the Secretary of State during the year.

(3)The Secretary of State shall lay a copy of the report before each House of Parliament.