Search Legislation

Housing and Regeneration Act 2008

Chapter 5 - Supplementary
Certain supervisory powers of the Secretary of State
Section 46 - Guidance by the Secretary of State

88.This section gives the Secretary of State power, following consultation with appropriate persons, to give guidance to the HCA about how to carry out its functions. The guidance must be published as soon as is reasonably practical after it has been given. If the guidance is to be revoked, the same consultation and notification process must be followed.

89.The HCA is required to have regard to any guidance issued to it by the Secretary of State which is in force.

Section 47 - Directions by the Secretary of State

90.This section gives the Secretary of State power to give general or specific directions to the HCA as to how it should carry out its functions. It requires that those directions must be published as soon as practicable. If the Secretary of State revokes those directions, that fact must also be published. Publication of the making or revocation of directions does not apply to directions given in connection with the HCA’s own, or its committees’, procedure.

91.The HCA is required to comply with the Secretary of State’s directions.

Section 48 - Consents by the Secretary of State

92.Where the Secretary of State may give consent, such as under section 10 for the disposal of land for less than best consideration, the Secretary of State may give consent with or without conditions, or, depending upon the circumstances, in either general or specific terms..

93.A consent may be varied or revoked, except where something has already been done on the authority of that consent. A variation or revocation only takes effect once the Secretary of State has given notice of it to the HCA or anyone else to whom the consent was given.

Abolition of existing bodies
Sections 49 and 50 - Abolition of the Urban Regeneration Agency; Abolition of the Commission for the New Towns

94.These sections enable the Secretary of State to make an order dissolving the Urban Regeneration Agency and the Commission for the New Towns on a specified date.

95.Section 50 also introduces Schedule 5.

Section 51 - Property etc. transfers to the HCA and the Welsh Ministers

96.This section makes provision for the transfer of property, rights or liabilities in connection with the dissolution of the Urban Regeneration Agency and the Commission for the New Towns, and also for the transfer of property, rights or liabilities of a regional development agency and a Minister of the Crown.

97.Section 51, together with section 65, introduces Schedules 6 and 7.

Section 52 - Role of the HCA in relation to former CNT functions

98.This section sets out the role of the HCA in relation to functions which were formerly undertaken by the Commission for the New Towns. In relation to any property, rights or liabilities which are transferred to it from the Commission for the New Towns (on its abolition) and any property, rights or liabilities of a new town development corporation or an urban development corporation which are transferred to it on the dissolution of those corporations, the HCA will have to exercise its powers for the purposes of its objects. However, the HCA is not compelled to do so if it does not consider it appropriate to exercise its powers in that way, having regard to the purposes for which those property, rights or liabilities were held by the original bodies. The HCA must then exercise its powers as it considers appropriate, having regard to its objects and to the purposes for which the property, rights or liabilities were held by the body concerned.

Section 53 - Interim arrangements

99.This section gives the Secretary of State the power to require the Urban Regeneration Agency or the Commission for the New Towns to provide staff, premises, facilities or other assistance on a temporary basis to the HCA or Welsh Ministers.

100.This power could be used during any period of transition between the establishment of the HCA and the dissolution of the Urban Regeneration Agency and the Commission for the New Towns.

101.This section also reduces the minimum number of members that the Urban Regeneration Agency may have. This is to facilitate the transition of activities from the Urban Regeneration Agency to the HCA.

Other
Section 54 - Validity of transactions

102.This section is intended to cover the situation where persons enter into agreements with the HCA or one of its subsidiaries and it subsequently transpires that the HCA or one of its subsidiaries acted unlawfully in carrying out its powers, or in contravention of directions given by the Secretary of State. The agreements are not invalidated by reason of such circumstances.

Section 55 - Notices

103.There are various references to serving notices throughout Part 1. A notice is served if it is delivered to the person concerned, left at the person’s proper address or sent by post to that person at that address. If the notice is to be served on a business, it can be served on an officer of the body or if the business is a partnership on a partner of the business.

Sections 56 to 58 - Consequential amendments: Part 1; Interpretation: Part 1; Index of defined expressions: Part 1

104.Section 56 introduces Schedule 8 which makes various consequential amendments.

105.Sections 57 and 58 set out the definitions of key terms used throughout Part 1.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.