Law

Housing and Regeneration Act 2008

United Kingdom · statute

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In force since 2026-05-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 416 provisions

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416 provisions

37 Duty to co-operate with Regulator of Social Housing

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38 Information services

(1) The HCA may— (a) publish ideas or information, or (b) disseminate or promote ideas or information in other ways. (2) The HCA may undertake research or experimentation. (3) The HCA may provide other information services. (4) The HCA may facilitate— (a) the publication or other dissemination or promotion of ideas or information, (b) research or experimentation, or (c) the provision of other information services.

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39 Advice, education and training

(1) The HCA may provide— (a) advice, education or training, or (b) other advisory, education or training services. (2) The HCA may facilitate the provision of— (a) advice, education or training, or (b) other advisory, education or training services.

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40 Guidance

(1) The HCA may give guidance to such persons as it considers appropriate about any matters relating to its objects. (2) Before giving guidance under this section, the HCA must consult such persons as it considers appropriate. (3) As soon as reasonably practicable after giving guidance under this section, the HCA must take such steps as the HCA considers appropriate to bring it to the attention of those affected by it. (4) The HCA may revoke guidance given under this section. (5) The HCA— (a) must, before revoking guidance under this section, consult such persons as it considers appropriate, and (b) must, as soon as reasonably practicable after the revocation, take such steps as it considers appropriate to bring the revocation to the attention of those affected by it. (6) References in this section to giving guidance include references to giving guidance by varying existing guidance.

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41 Control of subsidiaries

(1) The HCA must ensure that no subsidiary of the HCA engages, without the consent of the Secretary of State, in an activity which the HCA would not be required or permitted to carry on. (2) The HCA must ensure that no subsidiary of the HCA— (a) borrows from a person other than the HCA, or (b) raises money by the issue of shares or stock to a person other than the HCA, without the consent of the Secretary of State.

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42 Agency arrangements with UDCs

(1) The HCA may, with the consent of the Secretary of State, appoint an urban development corporation to act as its agent. (2) The appointment— (a) may be in connection with any of the functions of the HCA other than its functions in connection with Chapter 3 ..., and (b) is to be on such terms as may be agreed. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The appointment must specify the functions in connection with which it is made. (4) An urban development corporation must act as agent in accordance with the terms of its appointment. (5) An urban development corporation may arrange for any of its property or staff to be made available to the HCA if— (a) the purpose is to assist the HCA to exercise any of its functions, and (b) the HCA asks the urban development corporation to make the property or staff available. (6) The property or staff are to be made available for such period, and on such other terms, as the urban development corporation considers appropriate. (7) In this Part “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 (c. 65).

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43 Acting with, or for, other persons: general

(1) The HCA may act with other persons (whether in partnership or otherwise). (2) The HCA may act as agent for other persons.

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44 Local government involvement

(1) The HCA must from time to time consult such representatives of local government as the HCA considers appropriate about how the HCA pursues its objects. (2) The HCA must from time to time publish a statement about how it proposes to comply with subsection (1). (3) Before publishing a statement the HCA must consult such persons as it considers appropriate.

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45 Support services

(1) The HCA may provide services in support of a project. (2) The HCA may, in particular— (a) second staff to the project, (b) provide consultants or other manpower resources to the project on a temporary basis, or (c) lend or otherwise provide technical, property or other resources to the project. (3) The HCA may facilitate the provision of services in support of a project.

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46 Guidance by the Secretary of State

(1) The Secretary of State may give guidance to the HCA as to the exercise of any of its functions. (2) Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (3) The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it. (4) The Secretary of State may revoke guidance given under this section. (5) The Secretary of State must— (a) consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and (b) publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation. (6) The HCA must, in exercising its functions, have regard to any guidance for the time being in force under this section. (7) References in this section to giving guidance include references to giving guidance by varying existing guidance. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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47 Directions by the Secretary of State

(1) The Secretary of State may give the HCA general or specific directions as to the exercise of any of its functions. (2) The Secretary of State must publish any directions given by the Secretary of State under this Part as soon as reasonably practicable after giving them. (3) The Secretary of State— (a) may revoke any directions given by the Secretary of State under this Part, and (b) must publish the fact that the directions have been revoked as soon as reasonably practicable after the revocation. (4) The HCA must comply with any directions of the Secretary of State in force under this Part. (5) Subsections (2) and (3)(b) do not apply to directions given under section 22 or paragraph 7 of Schedule 1; and this section does not apply to directions given under Schedule 4. (6) References in this Part to the Secretary of State giving directions include references to the Secretary of State giving directions by varying existing directions. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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48 Consents of the Secretary of State

(1) Any consent of the Secretary of State required under this Part may be given— (a) unconditionally or subject to conditions, and (b) generally or specifically. (2) The Secretary of State may vary or revoke any such consent except in the case of anything already done, or agreed to be done, on the authority of it. (3) A variation or revocation under subsection (2) does not have effect until the Secretary of State has served notice of it on the HCA or (as the case may be) the other person to whom the consent is given.

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49 Abolition of Urban Regeneration Agency

The Urban Regeneration Agency shall cease to exist on such day as the Secretary of State may by order appoint.

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50 Abolition of the Commission for the New Towns

(1) The Commission for the New Towns shall cease to exist on such day as the Secretary of State may by order appoint. (2) Schedule 5 (which transfers Welsh functions of the Commission to the Welsh Ministers and makes other amendments of the New Towns Act 1981 (c. 64)) has effect.

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

(1) The Secretary of State may make one or more schemes for— (a) the transfer to the HCA of designated property, rights or liabilities of— (i) the Urban Regeneration Agency, (ii) the Commission for the New Towns, (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., or (iv) a Minister of the Crown, or (b) the transfer to the Welsh Ministers of designated property, rights or liabilities of— (i) the Urban Regeneration Agency, or (ii) the Commission for the New Towns. (2) On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme. (3) Schedule 6 (which makes further provision about the making of schemes) has effect. (3A) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry). (4) In this section and in Schedule 6— “designated” in relation to a scheme, means specified in, or determined in accordance with, the scheme, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26), “the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect. (5) Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 65).

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52 Role of the HCA in relation to former CNT functions

(1) The HCA must, so far as practicable, exercise its powers in relation to— (a) any property, rights or liabilities of the Commission for the New Towns transferred to it by virtue of section 51 and Schedule 6, (b) any property, rights or liabilities of a new town development corporation transferred to it by virtue of section 41 of, and Schedule 10 to, the New Towns Act 1981 (c. 64), (c) any undertaking, or part of an undertaking, of an urban development corporation transferred to it by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980 (c. 65), or (d) any property, rights or liabilities of an urban development corporation transferred to it by virtue of an order under section 165B of that Act, for the purposes of the objects mentioned in section 2(1) or for purposes incidental to those purposes. (2) But subsection (1) does not apply if the HCA does not consider it appropriate to exercise its powers in this way having regard, in particular, to the purposes for which the transferred property was held by the Commission for the New Towns, the new town development corporation or (as the case may be) the urban development corporation. (3) In such a case, the HCA must exercise its powers in relation to the transferred property in such a way as it considers appropriate having regard, in particular, to— (a) the objects mentioned in section 2(1), and (b) the purposes for which the transferred property was held by the body concerned, and the references in this Part to the objects of the HCA are to be read accordingly. (4) In this section— “new town development corporation” means a development corporation established under section 3 of the New Towns Act 1981 (c. 64), “transferred property” means any property, rights or liabilities, or any undertaking or part of an undertaking, falling within paragraphs (a) to (d) of subsection (1) above.

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53 Interim arrangements

(1) The Secretary of State may by notice 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— (a) the HCA, or (b) the Welsh Ministers. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) This section is without prejudice to the power of the Secretary of State under section 322(1).

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53A Other property etc transfers to the HCA

(1) The Secretary of State may at any time make one or more schemes for the transfer to the HCA of designated property, rights or liabilities of a specified public body. (2) In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State. (3) On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme. (4) Schedule 6 applies to a scheme under this section. (5) The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions. (6) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry). (7) In this section— “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme; “public body” means a person or body with functions of a public nature. (8) This section and section 53B bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to— (a) Her Majesty in right of the Crown, (b) Her Majesty in right of Her private estates, (c) Her Majesty in right of the Duchy of Lancaster, or (d) the Duchy of Cornwall. (9) The reference in subsection (8) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

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53B Tax consequences of transfers under section 53A

(1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to— (a) any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme. (2) The provision that may be made under subsection (1)(a) includes, in particular, provision for— (a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred; (b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision; (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred. (3) The provision that may be made under subsection (1)(b) includes, in particular, provision for— (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer; (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way; (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer. (4) In this section— “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax; “tax provision” means a provision of an enactment about a relevant tax. (5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to— (a) the creation of interests, rights or liabilities under the scheme, and (b) the modification of interests, rights or liabilities under the scheme, (and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).

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54 Validity of transactions

(1) A transaction between a person and the HCA is not invalid merely because of a failure by the HCA to exercise its powers for the purposes mentioned in sections 3 and 4(2). (2) A transaction between a person and the HCA is not invalid merely because it was carried out in contravention of a direction under section 47. (3) A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 41(1) or (2). (4) A person entering into a transaction with the HCA or a subsidiary of the HCA need not be concerned as to whether— (a) there has been a failure of the kind mentioned in subsection (1) or (3), or (b) a direction of the kind mentioned in subsection (2) has been given or complied with. (5) A disposal of land by the HCA is not invalid merely because any consent required by section 10(1) or (3) has not been given. (6) A person dealing with— (a) the HCA, or (b) a person claiming under the HCA, in relation to any land need not be concerned as to whether any consent required by section 10(1) or (3) has been given.

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55 Notices

(1) Any notice required or authorised under this Part to be served on any person may be served by— (a) delivering it to the person, (b) leaving it at the person's proper address, or (c) sending it by post to the person at that address. (2) Any such notice may— (a) in the case of a body corporate, be served in accordance with subsection (1) on an officer of the body, and (b) in the case of a partnership, be served in accordance with subsection (1) on a partner or a person having the control or management of the partnership business. (3) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person on whom a notice is to be served is the person's last known address except as follows. (4) For the purposes of this section and section 7 of the Act of 1978 in its application to this section, the proper address is— (a) in the case of service on a body corporate or an officer of the body, the address of the registered or principal office of the body, and (b) in the case of service on a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership. (5) For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. (6) Subsection (7) applies if a person to be served under this Part with a notice has specified an address within the United Kingdom other than the person's proper address (as decided under subsections (3) and (4)) as the one at which the person, or someone on the person's behalf, will accept documents of the same description as the notice. (7) The specified address is also to be treated for the purposes of this section and section 7 of the Act of 1978 in its application to this section as the person's proper address. (8) Subsection (9) applies if the name or address of any owner, lessee or occupier of land on whom a notice is to be served under this Part cannot, after reasonable inquiry, be ascertained. (9) The notice may be served by— (a) leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or (b) leaving it conspicuously affixed to a building or object on the land. (10) Any notice required or authorised under this Part to be served on any person may be served on the person by transmitting the text of the notice to the person by means of an electronic communications network or by other means but while in electronic form provided the text is received by the person in legible form and is capable of being used for subsequent reference. (11) In this section— “body corporate” includes a limited liability partnership, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate, “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate, “partnership” does not include a limited liability partnership, and references to serving include references to similar expressions (such as giving or sending).

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56 Consequential amendments: Part 1

Schedule 8 (which contains amendments of enactments) has effect.

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57 Interpretation: Part 1

(1) In this Part— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; “constituent council” means— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a CCA— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means the council for a district for which there is no county council; “develop” (and development), in relation to land or infrastructure, includes redevelop (and redevelopment), “electronic communications apparatus” has the same meaning as in the electronic communications code, “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 (c. 21), “electronic communications code network” means— so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act of 2003 (application of the electronic communications code), and an electronic communications network which the Secretary of State is providing or proposing to provide, “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act of 2003, “electronic communications network” has the same meaning as in the Act of 2003, “enactment” includes subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), “financial year” means— the period beginning with the day on which the HCA is established and ending with the next 31 March, and each subsequent period of 12 months ending with 31 March, “improve”, in relation to housing and other land, includes refurbish, equip and fit out, “infrastructure system” has the meaning given by paragraph 7(1) of Schedule 3A to the Communications Act 2003 (the electronic communications code), and a reference to providing such a system is to be read in accordance with paragraph 7(2) of the code (reference to provision includes establishing or maintaining), “mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); “modifications” includes omissions, “non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “non-mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); “notice” means notice in writing, “operator”, in relation to an electronic communications code network means— the electronic communications code operator providing that network, or the Secretary of State, so far as the Secretary of State is providing or proposing to provide that network, “provide” and related expressions, in relation to an electronic communications network, are to be read in accordance with section 32(4) of the Communications Act 2003 (c. 21). “strategic authority” means— a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026, a combined authority, a CCA, or the Greater London Authority; “strategic authority outside London” means a strategic authority other than the Greater London Authority. (2) References in this Part to powers of the HCA do not include references to powers contained in duties imposed on the HCA.

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58 Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. Expression | Provision Allotment | Section 9(7) Building | Section 2(3) Caravan | Section 2(3) Common | Section 9(7) . . . | . . . Designated area | Section 13(5) Designation order | Section 13(5) Develop (and development) | Section 57(1) Electronic communications apparatus | Section 57(1) Electronic communications code | Section 57(1) Electronic communications code network | Section 57(1) Electronic communications code operator | Section 57(1) Electronic communications network | Section 57(1) Enactment | Section 57(1) Financial year | Section 57(1) Giving directions | Section 47(6) The HCA | Section 1(1) Housing | Section 2(3) Improve | Section 57(1) Infrastructure | Section 2(3) Infrastructure system (and providing such a system) | Section 57(1) Land | Section 2(3) (and Schedule 1 to the Interpretation Act 1978 (c. 30)) Local planning authority (in relation to designation orders or proposed designation orders) | Section 13(5) Modifications | Section 57(1) Notice | Section 57(1) Objects of the HCA | Sections 2, 19(5) and 52(3) Open space | Section 9(7) Operator (in relation to electronic communications code network) | Section 57(1) Permitted purposes | Section 13(5) Powers of the HCA | Section 57(2) Provide (in relation to an electronic communications network) | Section 57(1) Registered provider of social housing | Section 80(2)(a) . . . | . . . Social housing (and its provision) | Section 32(13) Social housing assistance | Section 32(13) Subsidiary | Section 23(5) Urban development corporation | Section 42(7)

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59 Purpose

The purpose of this Part is to regulate the provision of social housing (as defined in sections 68 to 77) by English bodies (as defined in section 79) and local authorities (as defined in section 275).

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60 Structural overview

(1) This Part replaces the system of “registered social landlords” under Part 1 of the Housing Act 1996 (c. 52). (2) That Part will continue to apply in relation to Wales (see section 61). (3) Certain provisions of that Part— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) are preserved although they apply to England only (see section 124). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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61 Restriction of “registered social landlord” system to Wales

(1) Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as follows (and the title of Part 1 becomes “Social Rented Sector in Wales”). (2) Before section 1 (register of social landlords) insert— Introduction A1 This Chapter provides for the registration of social landlords in Wales. (3) In section 1— (a) for “The Relevant Authority” substitute “ The Welsh Ministers ”, and (b) omit subsections (1A) and (1B). (4) After section 1 insert— Welsh bodies 1A In this Chapter “Welsh body” means a body which is— (a) a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales, (b) a registered society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 is in Wales, or (c) a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales. (5) In section 2 (eligibility for registration)— (a) in subsection (1), for “A body” substitute “ A Welsh body ”, (b) in subsection (2) after “that the body is” insert “ principally concerned with Welsh housing, is ”, (c) after subsection (2) insert— (2A) A body is principally concerned with Welsh housing if the Welsh Ministers think— (a) that it owns housing only or mainly in Wales, or (b) that its activities are principally undertaken in respect of Wales; and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph. , (d) in subsection (7) for “Secretary of State” (in each place) substitute “ Welsh Ministers ”, and (e) in subsection (8) for “either House of Parliament” substitute “ the National Assembly for Wales ”. (6) In section 3 (registration)— (a) in subsection (1) for “any body” substitute “ any Welsh body ”, and (b) in subsection (4) for “A body” substitute “ A Welsh body ”. (7) The table sets out substitutions which have effect throughout the Part (except section 51 and Schedule 2); and where necessary in consequence of those substitutions, for words in the singular substitute appropriate corresponding words in the plural. Expression | Substitution “the Relevant Authority” | “the Welsh Ministers” “the Authority” | “the Welsh Ministers” “the Relevant Authority's” | “the Welsh Ministers” (8) Omit section 56 (meaning of “the Relevant Authority”). (9) Sections 62 and 63 make other consequential amendments.

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62 References to Welsh Ministers

In the following provisions of the Housing Act 1996 (c. 52)— (a) for “Secretary of State” substitute “ Welsh Ministers ”, (b) for “Secretary of State makes” substitute “ Welsh Ministers make ”, (c) for “he” substitute “ they ”, (d) for “him” substitute “ them ” (except in section 12A(4)), and (e) for “considers” substitute “ consider ”. Provision | Topic Section 9(1A)(b) | Consent for disposal of land Section 12A(4) | Right of first refusal: regulations Section 15A(5) | Deferred resale agreements: order . . . | . . . Section 18(5)(b) | Social housing grants: appointment of agent Section 23(6) | Loans: approved schemes Section 27A(3) | Grants to other bodies: further provision Section 29(1), (2) and (3) | Commutation of special residual subsidy Section 30(5)(b) | Collection of information: notice Section 39(3) | Insolvency etc: order defining terms Section 46(7)(b) | Appointment of manager: order Section 52(1) and (3) | Orders: general Section 53(1), (4) and (5) | Determinations: general Section 55(2) | Consequential: order Paragraph 9(3A)(b) of Schedule 1 | Change of rules of registered society: consent Paragraph 11(3A)(b) of Schedule 1 | Change of articles of company: consent Paragraph 15A(1) of Schedule 1 | Transfer of assets of charity on dissolution: order

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63 References to National Assembly for Wales

In the following provisions of the Housing Act 1996 (c. 52) for “either House of Parliament” substitute “ the National Assembly for Wales ”. Provision | Topic Section 12A(8)(b) | Right of first refusal: regulations Section 15A(6)(b) | Deferred resale agreements: order . . . | . . . Section 27A(10) | Grants to other bodies: order Section 39(3) | Insolvency: order Section 55(3) | Consequential: order Paragraph 15A(4) of Schedule 1 | Transfer of assets of charity on dissolution: order

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64 Dissolution of Housing Corporation

(1) The Secretary of State shall by order make provision for the dissolution of the Housing Corporation. (2) The Secretary of State may by order make consequential amendment of enactments referring to the Housing Corporation. (3) Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).

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65 Transfer schemes

(1) The Secretary of State may make one or more schemes for the transfer of the Housing Corporation's property, rights or liabilities to— (a) the regulator, (b) the HCA, or (c) the Secretary of State. (2) On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme. (3) Schedule 6 applies to a scheme under this section. (4) In this section— “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme; “the transfer date” means the date specified by a scheme as the date on which the scheme is to have effect. (5) Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 51).

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66 Interim arrangements

The Secretary of State may by notice require the Housing Corporation to provide staff, premises, facilities or other assistance to— (a) the regulator, or (b) the HCA.

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67 Transitional arrangements

(1) The Secretary of State may by order transfer functions of the Housing Corporation to— (a) the regulator, (b) the HCA, or (c) the regulator and the HCA jointly or concurrently. (2) An order under subsection (1) may make provision in relation to English registered social landlords which is similar to any provision made by this Part in relation to registered providers. (3) “English registered social landlord” means a body— (a) which is registered as a social landlord under Part 1 of the Housing Act 1996, and (b) which does not fall within paragraphs (a) to (c) of section 56(2) of that Act (Welsh bodies). (4) The Secretary of State may by order make further provision in respect of a function transferred under this section (which may, in particular, include provision for the function to cease to be exercisable). (5) Provision made under this section, including provision made by virtue of section 320(1)(d), may modify an enactment. (6) Provision under section 322(1) in connection with the coming into force of a provision of this Act may, in particular, include transitional provision having regard to the effect of provision made under this section.

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68 Basic principle

(1) In this Part “social housing” means— (a) low cost rental accommodation (defined by section 69), and (b) low cost home ownership accommodation (defined by section 70). (2) Accommodation which becomes “social housing” by satisfying subsection (1)(a) or (b) remains “social housing” for the purposes of this Part unless and until an event specified in sections 73 to 76 occurs. (3) Section 77 makes transitional provision as a result of which certain accommodation is to be treated as “social housing” whether or not it satisfies subsection (1)(a) or (b).

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69 Low cost rental

Accommodation is low cost rental accommodation if— (a) it is made available for rent, (b) the rent is below the market rate, and (c) the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

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70 Low cost home ownership

(1) Accommodation is low cost home ownership accommodation if the following conditions are satisfied. (2) Condition 1 is that the accommodation is occupied, or made available for occupation, in accordance with— (a) shared ownership arrangements, (b) equity percentage arrangements, or (c) shared ownership trusts. (3) Condition 2 is that the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market. (4) “Shared ownership arrangements” means arrangements under a lease which— (a) is granted on payment of a premium calculated by reference to a percentage of either the value of the accommodation or the cost of providing it, and (b) provides that the tenant (or the tenant's personal representatives) will or may be entitled to a sum calculated by reference to the value of the accommodation. (5) “Equity percentage arrangements” means arrangements under which— (a) the owner of a freehold or leasehold interest in residential property (“the seller”) conveys it to an individual (“the buyer”), (b) the buyer, in consideration for the conveyance— (i) pays the seller a sum (the “initial payment”) expressed to represent a percentage of the value of the interest at the time of the conveyance, and (ii) agrees to pay the seller other sums calculated by reference to a percentage of the value of the interest at the time when each sum is to be paid, and (c) the liability to make any payment required by the arrangements (apart from the initial payment) is secured by a mortgage. (6) Shared ownership trusts has the same meaning as in Schedule 9 to the Finance Act 2003 (c. 14) (stamp duty land tax). (7) The Secretary of State may make regulations amending— (a) the definition of “low cost home ownership accommodation”; (b) the definition of any of the sub-categories specified in that definition.

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71 Shared ownership low cost rental

Accommodation which is both low cost rental accommodation and low cost home ownership accommodation is to be treated as the latter and not as the former.

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72 Regulations

(1) The Secretary of State may make regulations providing that specified property, or a specified class of property, is or is not to be treated as social housing for the purposes of this Part. (2) The regulations may provide for property to be social housing despite not satisfying section 68(1)(a) or (b) where the Secretary of State thinks the property is of a kind, or is provided in circumstances, that serve the needs of a group whose needs are not adequately served by the commercial housing market. (3) The regulations— (a) may override section 68(2), (b) are subject to sections 68(3) and 77, and (c) are subject to sections 69 and 70 (but may clarify doubt about the application of those sections). (4) The regulations— (a) may make provision by reference to the opinion of the regulator or another specified person, and (b) may make provision by reference to designation, agreement or other action by the regulator or another specified person.

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73 Leaving the social housing stock: sale

(1) A dwelling ceases to be social housing if it is sold to the tenant. (2) Low cost rental accommodation is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of— (a) the freehold interest in the property, or (b) the leasehold interest previously owned by the person providing the social housing. (3) Low cost home ownership accommodation of the shared ownership kind is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of— (a) the freehold interest in the property, or (b) the leasehold interest previously owned by the person providing the social housing. (4) Low cost home ownership accommodation of the equity percentage kind is “sold to the tenant” when the “buyer” (see section 70(5)(a)) exercises a statutory or contractual right as a result of which the equity percentage arrangements (see section 70(5)) come to an end. (5) Low cost home ownership accommodation of the shared ownership trust kind comes to an end when the “purchaser” (see paragraph 7(4)(a) of Schedule 9 to the Finance Act 2003 (c. 14)) exercises a statutory or contractual right as a result of which the trust comes to an end.

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74 Leaving the social housing stock: ending of lease

(1) A dwelling ceases to be social housing if— (a) the provider holds a leasehold interest in the dwelling, and (b) the leasehold interest determines (whether by effluxion of time or in any other way). (2) But subsection (1) does not apply if, immediately before the leasehold interest determines, the lessor was— (a) an associate or subsidiary of the provider, or (b) a registered provider.

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