Housing and Regeneration Act 2008
2008 c. 17
An Act to establish the Homes and Communities Agency and make provision about it; to abolish the Urban Regeneration Agency and the Commission for the New Towns and make provision in connection with their abolition; to regulate social housing; to enable the abolition of the Housing Corporation; to make provision about sustainability certificates, landlord and tenant matters, building regulations and mobile homes; to make further provision about housing; and for connected purposes.
[22nd July 2008]
Be 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:—
(1) There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).
(2) Schedule 1 (which makes further provision about the HCA) has effect.
(1) The objects of the HCA are—
(a) to improve the supply and quality of housing in England,
(b) to secure the regeneration or development of land or infrastructure in England,
(c) to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and
(d) to contribute to the achievement of sustainable development and good design in England,
with a view to meeting the needs of people living in England.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In subsection (1)—
“ England ” does not include Greater London;
“ good design ” includes design which has due regard to the needs of elderly persons and disabled persons,
“ needs ” includes future needs,
and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(3) In this Part—
“ building ” means a building or other structure (including a house-boat or caravan),
“ caravan ” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),
“ housing ” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,
“ infrastructure ” includes—
water, electricity, gas, electronic communications, sewerage or other services,
roads or other transport facilities,
retail or other business facilities,
health, educational, employment or training facilities,
social, religious or recreational facilities,
cremation or burial facilities, and
community facilities not falling within paragraphs (a) to (f),
“ land ” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30)),
and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.
(4) See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).
(1) This Part contains various specific powers of the HCA.
(2) The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.
(3) Each power may be exercised separately or together with, or as part of, another power.
(4) Each power does not limit the scope of another power.
(5) Each power does not limit the scope of the powers conferred by section 3.
(6) But—
(a) subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections,
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(b) the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.
(1) A strategic authority outside London or mayor for the area of a strategic authority outside London may only exercise the functions conferred by this Chapter for the purposes of, or for purposes incidental to the objectives of—
(a) improving the supply and quality of housing in the area of the strategic authority;
(b) securing the regeneration or development of land or infrastructure in that area;
(c) supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being;
(d) contributing to the achievement of sustainable development and good design in that area,
with a view to meeting the needs of people living in that area.
(2) In this section—
(a) “good design” and “needs” have the same meanings as in section 2 (see section 2(2));
(b) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(1) The HCA or a strategic authority outside London may provide housing or other land.
(2) The HCA or a strategic authority outside London may facilitate the provision of housing or other land.
(3) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
6 Powers for regeneration, development or effective use of land
(1) The HCA or a strategic authority outside London may regenerate or develop land.
(2) The HCA or a strategic authority outside London may bring about the more effective use of land.
(3) The HCA or a strategic authority outside London may facilitate—
(a) the regeneration or development of land, or
(b) the more effective use of land.
(1) The HCA or a strategic authority outside London may provide infrastructure.
(2) The HCA or a strategic authority outside London may facilitate the provision of infrastructure.
(3) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
The HCA or a strategic authority outside London may carry out, or facilitate the carrying out of, any of the following activities in relation to land—
(a) acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,
(b) acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and
(c) carrying out building and other operations (including converting or demolishing buildings).
(1) The HCA or a strategic authority outside London may acquire land by agreement.
(2) The HCA or a strategic authority outside London may acquire land compulsorily if the Secretary of State authorises it to do so.
(3) The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.
(4) Subsection (5) applies where—
(a) land or new rights over land are being acquired compulsorily under subsection (2), and
(b) the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.
(5) The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).
(5A) Section 9A makes provision about the exercise of the function conferred by subsection (2) on strategic authorities outside London.
(6) Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA or a strategic authority) has effect.
(7) In this Part—
“allotment” means a fuel or field garden allotment,
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),
“open space” means any land which is—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground.
9A Compulsory acquisition of land by strategic authorities outside London
(1) This section applies to the compulsory acquisition function of strategic authorities.
(2) In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.
(3) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any National Park authority;
(c) the Broads Authority.
(4) In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any district council within the area of the CCA that is not a constituent council;
(c) any National Park authority;
(d) the Broads Authority.
(5) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any National Park authority;
(c) the Broads Authority;
and consent of a constituent council must be given at a meeting of the combined authority.
(6) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any district council within the area of the CCA that is not a constituent council;
(c) any National Park authority;
(d) the Broads Authority;
and consent of a constituent council must be given at a meeting of the CCA.
(7) In the case of a county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) any district council within the area of the county council;
(b) any National Park authority;
(c) the Broads Authority.
(8) In the case of a district council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) any National Park authority;
(b) the Broads Authority.
(9) In this section “compulsory acquisition function” means the function conferred by section 9(2).
(1) The HCA or a strategic authority outside London may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.
(2) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
(a) the grant of a term of not more than 7 years, or
(b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.
(3) The HCA or a strategic authority outside London may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.
(4) Subject as above, the HCA or a strategic authority outside London may dispose of land held by it in any way it considers appropriate.
13 Power of Secretary of State to make designation orders
(1) The Secretary of State may by order designate an area in England outside Greater London if the Secretary of State considers that—
(a) the area is suitable for development, and
(b) it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—
(i) for particular permitted purposes, and
(ii) in relation to particular kinds of development.
(2) In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.
(3) The Secretary of State must, before making a designation order—
(a) publish—
(i) a draft of the order, and
(ii) the Secretary of State's reasons for making the order, and
(b) consult the persons mentioned in subsection (4).
(4) The persons are—
(a) every local authority any part of whose area is intended to be included in the proposed designated area,
(b) any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,
(c) such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and
(d) persons who reside or carry on business in the proposed designated area.
(5) In this Part—
“designated area” means an area designated by a designation order,
“designation order” means an order under this section,
“local planning authority”, in relation to a designation order or proposed designation order, means—
so far as the order relates to permitted purposes under Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, and
in any other case, the local planning authority within the meaning of Part 1 of the Town and Country Planning Act 1990 (c. 8),
“permitted purposes” means any purposes of—
the Town and Country Planning Act 1990 (other than section 137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that Act),
the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and sections 82A to 82F and 88C, of that Act), and
Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 , and
Part 8 of the Planning Act 2008,
and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.
(5A) The fact that the purposes of Part 13 of the Town and Country Planning Act 1990 are not permitted purposes does not affect the construction of references to the local planning authority to which an application could have been made in sections 293B to 293J in the Part.
(6) In this section “local authority” means a county council in England or, a district council ....
(1) A designation order may contain provisions of the following kind.
(2) The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—
(a) for specified permitted purposes, and
(b) in relation to specified kinds of development.
(3) The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—
(a) in relation to the whole or any part of the designated area, and
(b) subject to any specified modifications,
specified relevant functions conferred by or under specified planning-related provisions.
(4) An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.
(5) An order which makes provision of the kind mentioned in subsection (3)—
(a) may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,
(b) may make provision about the application to the HCA of enactments relating to the functions concerned.
(6) Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—
(a) is to apply to the HCA without modification,
(b) is to apply to it subject to specified modifications.
(7) In this section—
“planning-related provisions” means—
Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),
sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), and
the Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),
“relevant functions” means functions of—
a district council, ... or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,
a district planning authority (within the meaning of that Act), or
a hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),
“specified”, in relation to a designation order, means specified or described in the order.
15 HCA as local planning authority: local involvement
(1) Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.
(2) The HCA must prepare and publish a statement of local involvement.
(3) The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.
(4) The persons are—
(a) every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and
(b) persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.
(5) The HCA must—
(a) keep the statement under review, and
(b) publish any revision of it.
(6) In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—
(a) the benefits that it might receive from their knowledge and experience, and
(b) the nature of the functions concerned.
(7) Subsection (8) applies where—
(a) the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,
(b) such a committee establishes a sub-committee for such a purpose, or
(c) a new or replacement member is to be appointed to such a committee or sub-committee.
(8) The HCA must—
(a) inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—
(i) the establishment of the committee or sub-committee concerned, or
(ii) (as the case may be) the proposed appointment, and
(b) invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.
(9) In this section “local authority” has the same meaning as in section 13.
(1) The HCA or a strategic authority outside London may, with the consent of the Secretary of State, give financial assistance to any person.
(1A) But the HCA or a strategic authority outside London must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.
(2) Financial assistance under this section may be given in any form.
(3) Financial assistance under this section may, in particular, be given by way of—
(a) grants,
(b) loans,
(c) guarantee or indemnity,
(d) investment, or
(e) incurring expenditure for the benefit of the person assisted.
(4) Financial assistance under this section may be given on such terms and conditions as the HCA or a strategic authority outside London considers appropriate (including provision for repayment, with or without interest).
(5) The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which—
(a) are transferred to the HCA from the Housing Corporation by virtue of this Act, or
(b) would supersede functions of the Housing Corporation,
in ways corresponding to those in which the Housing Corporation could have exercised its functions.
(5A) A strategic authority outside London may only exercise the functions conferred by this section for the purposes of, or for purposes incidental to the objectives of—
(a) improving the supply and quality of housing in the area of the strategic authority;
(b) securing the regeneration or development of land or infrastructure in that area;
(c) supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being;
(d) contributing to the achievement of sustainable development and good design in that area,
with a view to meeting the needs of people living in that area.
(5B) In subsection (5A)—
(a) “good design” and “needs” have the same meanings as in section 2 (see section 2(2));
(b) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(6) See also sections 31 to 35 (further provision about certain types of financial assistance: social housing).
(1) The HCA may, for the purpose of what it considers to be the short-term management of its finances, borrow from any person by way of overdraft or otherwise.
(2) Subject to this, the HCA may only borrow from the Secretary of State or the European Investment Bank.
(3) The HCA may not borrow in currencies other than sterling.
(1) The Secretary of State may lend to the HCA any sums it has power to borrow from the Secretary of State under section 20.
(2) Loans under subsection (1) may be made on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment with or without interest).
(1) The Secretary of State may guarantee—
(a) the repayment of the principal of any sums which the HCA borrows from a person other than the Secretary of State, and
(b) the payment of interest on such sums.
(2) Such a guarantee is to be in such manner, and on such terms and conditions, as the Secretary of State considers appropriate.
(3) The Secretary of State must lay a statement of any such guarantee before Parliament immediately after giving the guarantee.
(4) The Secretary of State must lay before Parliament a statement relating to any sum issued for fulfilling such a guarantee.
(5) A statement under subsection (4) must be laid as soon as possible after the end of each financial year—
(a) beginning with that in which the sum is issued, and
(b) ending with that in which all liability in respect of the principal of the sum guaranteed, and of interest on it, is finally discharged.
(6) In respect of any sums issued in fulfilment of a guarantee given under this section, the HCA must make payments to the Secretary of State—
(a) of such amounts as the Secretary of State may direct in or towards repayment of those sums, and
(b) of interest on what is outstanding in respect of those sums, at such rates as the Secretary of State may direct.
(7) Payments under subsection (6) must be made at such times, and in such manner, as the Secretary of State may direct.
(1) The current borrowings of the HCA must not exceed £2,300 million.
(2) The Secretary of State may by order amend subsection (1) so as to specify a greater amount than that for the time being specified there.
(3) But an order under subsection (2) may not specify an amount of more than £3,000 million.
(4) In this section “current borrowings of the HCA” means—
(a) the aggregate amount at any time of—
(i) sums borrowed by the HCA under section 20, and
(ii) sums borrowed by subsidiaries of the HCA (other than from the HCA), less
(b) repayments made, or treated as made, in respect of those sums.
(5) In this Part “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (c. 46).
(1) The HCA may impose charges for, or in connection with, anything done by it by virtue of section 38, 39 or 45.
(2) Any such charges must be of such amounts as the HCA considers to be reasonable.
(1) Subsection (2) applies if the Secretary of State considers that the HCA or any subsidiary of the HCA has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements.
(2) The Secretary of State may give a direction to the HCA to pay to the Secretary of State such sum not exceeding the amount of the surplus as may be specified in the direction.
(3) The Secretary of State must consult the HCA before coming to a decision of the kind mentioned in subsection (1) or giving a direction as mentioned in subsection (2).
(4) The Secretary of State may decide to treat the whole or part of any payment under subsection (2) as made—
(a) by way of repayment of such part of the principal of loans under section 21(1), and
(b) in respect of the repayments due at such times,
as the Secretary of State may decide.
26 Duty to act as agent in respect of regeneration and development
(1) The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such financial assistance functions as the Secretary of State may specify.
(2) In subsection (1) “financial assistance functions” means, so far as exercisable in relation to England outside Greater London, functions under sections 126 to 128 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development).
(3) An appointment under this section is to be on such terms as the Secretary of State may specify.
(4) The HCA must, if appointed, act as agent in accordance with the terms of its appointment.
27 Duty to act as agent in respect of derelict land etc.
(1) The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such derelict land functions as the Secretary of State may specify.
(2) In subsection (1) “derelict land functions” means functions under—
(a) section 1 of the Derelict Land Act 1982 (c. 42) (grants for reclaiming or improving land or bringing land into use), or
(b) any enactment superseded by that section,
but excluding the powers to make orders under section 1(5) and (7) of that Act.
(3) An appointment under this section is to be on such terms as the Secretary of State may specify.
(4) The HCA must, if appointed, act as agent in accordance with the terms of its appointment.
(1) Subsection (2) applies if the HCA acquires, constructs or converts any housing or other land for use as low cost rental accommodation.
(2) The HCA must ensure that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
(3) Subsection (4) applies if the HCA disposes of any housing or other land to a person on condition that the person provides low cost rental accommodation (whether in the same or different housing or other land).
(4) The HCA must impose a further condition that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
(5) Subsection (6) applies if the HCA provides infrastructure to a person on condition that the person provides low cost rental accommodation.
(6) The HCA must impose a further condition ensuring that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
(7) Subsection (8) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost rental accommodation.
(8) The HCA must impose a further condition ensuring that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
(8A) Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.
(8B) The HCA must consult the Regulator of Social Housing about the proposals.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) For the purposes of this section, a person provides low cost rental accommodation ... if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost rental accommodation ... or ensures such acquisition, construction or conversion by another.
(11A) For the purposes of this section, a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.
(12) In this section—
“low cost home ownership accommodation” has the meaning given by section 70, and
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“low cost rental accommodation” has the meaning given by section 69,
(1) The HCA may, in such events as it may determine, exercise the powers conferred by subsections (2) to (4) in relation to a person who has received social housing assistance.
(2) The HCA may reduce any grant payable by it or restrict any other social housing assistance due from it.
(3) The HCA may suspend or cancel any instalment of any grant payable by it or any aspect of any other social housing assistance due from it.
(4) The HCA may direct the recipient of any social housing assistance given by way of grant to—
(a) apply or appropriate for such purposes of the recipient as the HCA may specify, or
(b) pay to the HCA,
such amount as the HCA may specify.
(5) The HCA may not specify an amount which exceeds the recoverable amount.
(6) The recoverable amount is—
(a) the total amount of grant received by the person to whom the direction is given, less
(b) the total of any amounts applied, appropriated or paid in accordance with any previous directions given in respect of that grant under subsection (4),
and for the purposes of paragraph (b) any amounts provided for by virtue of section 33(1) are to be ignored.
(7) Subsection (5) is without prejudice to the power of the HCA under section 33(1).
(8) In exercising its powers under subsections (2) to (4) the HCA must act in accordance with such principles as it has determined.
(9) A person who has received social housing assistance must notify the HCA if an event of a kind determined by the HCA under subsection (1) occurs after the assistance has been given.
(10) Such a person must, if required by notice of the HCA, supply the HCA with such particulars of, and information relating to, the event as are specified in the notice.
(10A) The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4).
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) Events determined by the HCA under subsection (1), and principles determined by the HCA under subsection (8), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.
(13) In this Part—
“social housing” has the same meaning as in Part 2,
“social housing assistance” means financial assistance given under section 19 on condition that the recipient provides social housing (whether by itself or as part of a wider project);
and, for the purposes of this Part, a person provides social housing if (and only if) the person acquires, constructs, converts, improves or repairs any housing or other land for use as social housing or ensures such acquisition, construction, conversion, improvement or repair by another.
(1) A direction by the HCA under section 32(4) may require the application, appropriation or payment, in addition to the specified amount, of one or more of the following—
(a) interest on the specified amount,
(b) an amount calculated by reference to any increase in the market value of any housing or other land acquired, constructed, converted, improved or repaired as a result of the grant, and
(c) interest on the amount falling within paragraph (b).
(2) Any direction falling within subsection (1)(a) or (c) must specify—
(a) the applicable rate or rates of interest (whether fixed or variable),
(b) the date from which interest is payable, and
(c) any provision for suspended or reduced interest which is applicable.
(3) The date specified under subsection (2)(b) must not be earlier than the date of the event giving rise to the power to give a direction.
(4) In subsection (2)(c)—
(a) provision for suspended interest means provision to the effect that if the principal amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction, and
(b) provision for reduced interest means provision to the effect that if the principal amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
(5) Any direction falling within subsection (1)(b) must specify—
(a) the housing or other land concerned, and
(b) the method of calculating the amount concerned.
(6) Subsection (7) applies if—
(a) social housing assistance has been given to a person, and
(b) at any time the social housing provided as a result of the assistance becomes vested in, or is leased for a term of years to, or reverts to, another person (“the successor”).
(6A) But subsection (7) does not apply if—
(a) the successor is a person other than a registered provider of social housing, and
(b) at any time since the social housing assistance was given—
(i) a person has enforced a security over the social housing, or
(ii) the social housing has been disposed of by a body while it is being wound up or is in administration (which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016).
(7) Section 32 and this section (including this subsection) have effect in relation to periods after that time as if the assistance, or such element of it as may be determined by the HCA to be appropriate, had been given to the successor.
(8) The matters specified in a direction under subsection (2)(a) to (c) or (5), and the element mentioned in subsection (7), are to be—
(a) such as the HCA, acting in accordance with such principles as it may determine, may specify as being appropriate, or
(b) such as the HCA may determine to be appropriate in the particular case.
(9) Principles determined by the HCA under subsection (8)(a), and determinations by the HCA under subsection (8)(b), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.
(1) The HCA must not make a general determination under section 32 or 33 without the consent of the Secretary of State.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Before making such a determination, the HCA must consult—
(a) the Regulator of Social Housing, and
(b) such other persons as it considers appropriate.
(3) Subsection (4) applies if a general determination under section 32 or 33 about relevant events relates to social housing assistance given to a registered provider of social housing.
(4) The HCA must, in particular, consult such bodies appearing to it to represent the interests of registered providers of social housing as it considers appropriate.
(5) The HCA must publish a general determination made under section 32 or 33 in such manner as it considers appropriate for bringing the determination to the attention of those affected by it.
(6) A general determination of the HCA under section 32 or 33 may make different provision for different cases or descriptions of case (including different provision for different areas).
(7) For the purposes of subsection (6) descriptions may be framed by reference to any matters whatever.
(8) A determination of the HCA under section 32 or 33 may be varied or revoked by it (subject to any provision as to the time by which such a determination must be made).
(9) In this section—
“general determination” means a determination which does not relate solely to a particular case,
“relevant event” means an event of a kind determined by the HCA under section 32(1).
35 Duty to give financial assistance in respect of certain disposals
(1) The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The amount of the grant given by virtue of subsection (1) to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.
(4) The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.
(5) The HCA must specify—
(a) the procedure to be followed in relation to applications for a grant by virtue of this section,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the manner in which, and time or times at which, a grant by virtue of this section is to be paid,
(d) any other terms or conditions on which such a grant is given.
(6) In this section—
“dwelling” has the same meaning as in Part 2,
“private registered provider of social housing” includes a person falling within section 180(3),
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,
“relevant provider of social housing” means—
a private registered provider of social housing, or
a registered social landlord,
“tenant” has the same meaning as in Part 2.
(1) The Secretary of State may by order provide for the HCA to supply such information about—
(a) which accommodation provided directly or indirectly by it is to be social housing,
(b) the type of social housing to be so provided, and
(c) the consequences of it being social housing,
as may be specified or described in the order.
(2) An order under this section may, in particular, provide for—
(a) the person or persons to whom the information is to be provided,
(b) the time at which, or period or frequency within which, the information is to be provided,
(c) the form and manner in which the information is to be provided.
36A Co-operation with the Regulator of Social Housing
(1) The HCA must co-operate with the Regulator of Social Housing.
(2) In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.
(3) The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.
(4) The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—
(a) the provision of accommodation or other facilities;
(b) technical resources; and
(c) the provision of staff.