Office of Public Sector Information
PART I continued CHAPTER III
(1) The Corporation may make grants to registered social landlords in respect of expenditure incurred or to be incurred by them in connection with their housing activities.
(2) The Corporation, acting in accordance with such principles as it may from time to time determine, shall specify in relation to grants under this section—
(a) the procedure to be followed in relation to applications for grant,
(b) the circumstances in which grant is or is not to be payable,
(c) the method for calculating, and any limitations on, the amount of grant, and
(d) the manner in which, and time or times at which, grant is to be paid.
(3) In making a grant under this section, the Corporation may provide that the grant is conditional on compliance by the landlord with such conditions as the Corporation may specify.
(4) The Corporation may, with the agreement of a local housing authority, appoint the authority to act as its agent in connection with the assessment and payment of grant under this section.
(5) The appointment shall be on such terms as the Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify; and the authority shall act in accordance with those terms.
(6) Where—
(a) a grant under this section is payable to a registered social landlord, and
(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, another registered social landlord, or trustees for another such landlord,
this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (7), were payable to the other landlord.
(7) The proportion mentioned in subsection (6) is that which, in the circumstances of the particular case—
(a) the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
(b) the Corporation may determine to be appropriate.
(8) Where one of the landlords mentioned in subsection (6) is registered by the Housing Corporation and another is registered by Housing for Wales, the determination mentioned in subsection (7) shall be such as shall be agreed between the two Corporations.
A registered social landlord is not entitled to a grant under section 18 (social housing grant) in respect of land comprised in a management agreement within the meaning of the [1985 c. 68.] Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities).
(1) The Corporation shall make grants to registered social landlords in respect of discounts given by them to persons exercising the right to acquire conferred by section 16.
(2) The amount of the grant for any year shall be the aggregate value of the discounts given in that year.
(3) The Corporation, acting in accordance with such principles as it may from time to time determine, shall specify in relation to grants under this section—
(a) the procedure to be followed in relation to applications for grant,
(b) the manner in which, and time or times at which, grant is to be paid.
(4) In making a grant the Corporation may provide that the grant is conditional on compliance by the registered social landlord with such conditions as the Corporation may specify.
(1) The Corporation may make grants to registered social landlords in respect of discounts on disposals by them of dwellings to tenants otherwise than in pursuance of the right conferred by section 16.
(2) The Corporation shall make such a grant if the tenant was entitled to exercise the right conferred by section 16 in relation to another dwelling of the landlord's.
The amount of the grant in such a case shall not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.
(3) The Corporation, acting in accordance with such principles as it may from time to time determine, shall specify in relation to grants under this section—
(a) the procedure to be followed in relation to applications for grant;
(b) the circumstances in which grant is or is not to be payable;
(c) the method for calculating, and any limitations on, the amount of grant; and
(d) the manner in which, and time or times at which, grant is to be paid.
(4) In making a grant under this section, the Corporation may provide that the grant is conditional on compliance by the registered social landlord with such conditions as the Corporation may specify.
(1) A local authority may promote—
(a) the formation of bodies to act as registered social landlords, and
(b) the extension of the objects or activities of registered social landlords.
(2) A local authority may for the assistance of any registered social landlord subscribe for share or loan capital of the landlord.
(3) A local authority may for the assistance of a registered social landlord—
(a) make grants or loans to the landlord, or
(b) guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord.
(4) A local housing authority may sell or supply under a hire-purchase agreement furniture to the occupants of houses provided by a registered social landlord, and may buy furniture for that purpose.
In this subsection“hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the [1974 c. 39.] Consumer Credit Act 1974.
(1) The Public Works Loans Commissioners may lend money to a registered social landlord—
(a) for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,
(b) for the purchase of dwellings which the landlord desires to purchase with a view to their improvement, and
(c) for the purchase and development of land.
(2) A loan for any of those purposes, and interest on the loan, shall be secured by a mortgage of—
(a) the land in respect of which that purpose is to be carried out, and
(b) such other lands (if any) as may be offered as security for the loan;
and the money lent shall not exceed three-quarters (or, if the payment of the principal of, and interest on, the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Commissioners, of the estate or interest in the land proposed to be so mortgaged.
(3) Loans may be made by instalments as the building of dwellings or other work on the land mortgaged under subsection (2) progresses (so, however, that the total amount lent does not at any time exceed the amount specified in that subsection); and a mortgage may accordingly be made to secure such loans to be so made.
(4) If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loans Commissioners shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they think fit.
(5) Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on mortgage of any land unless the estate proposed to be mortgaged is either an estate in fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.
(6) Where a loan under this section is made for the purpose of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on the mortgage of an estate for a term of years absolute of which a period of not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan.
(1) A registered social landlord shall show separately in its accounts for any period ending after the coming into force of this section its net disposal proceeds.
(2) The net disposal proceeds of a registered social landlord are—
(a) the net proceeds of sale received by it in respect of any disposal of land to a tenant—
(i) in pursuance of the right conferred by section 16 (right of tenant to acquire dwelling), or
(ii) in respect of which a grant was made under section 21 (purchase grant in respect of other disposals);
(b) payments of grant received by it under section 20 or 21 (purchase grant);
(c) where any such grant has been paid to it, any repayments of discount in respect of which the grant was given; and
(d) such other proceeds of sale or payments of grant (if any) as the Corporation may from time to time determine.
(3) The net proceeds of sale means the proceeds of sale less an amount calculated in accordance with a determination by the Corporation.
(4) The disposal proceeds shall be shown in a fund to be known as a disposal proceeds fund.
(5) The method of constituting the fund and showing it in the landlord’s accounts shall be as required by determination of the Corporation under paragraph 16 of Schedule 1 (general requirements as to accounts).
(6) Interest shall be added to the fund in accordance with a determination made by the Corporation.
(7) Where this section applies in relation to the proceeds of sale arising on a disposal, section 27 below (recovery, &c. of social housing grants) and section 52 of the [1988 c. 50.] Housing Act 1988 (recovery, &c. of grants under that Act and earlier enactments) do not apply.
(1) The sums standing in the disposal proceeds account of a registered social landlord (“disposal proceeds”) may only be applied or appropriated by it for such purposes and in such manner as the Corporation may determine.
(2) If any disposal proceeds are not applied or appropriated as mentioned in subsection (1) within such time as is specified by determination of the Corporation, the Corporation may direct that the whole or part of them shall be paid to it.
(1) The Corporation may give notice—
(a) to all registered social landlords,
(b) to registered social landlords of a particular description, or
(c) to particular registered social landlords,
requiring them to furnish it with such information as it may reasonably require in connection with the exercise of its functions under sections 24 and 25 (treatment of disposal proceeds).
(2) A notice under subsection (1)(a) or (b) may be given by publication in such manner as the Corporation considers appropriate for bringing it to the attention of the landlords concerned.
(1) Where a registered social landlord has received a grant under section 18 (social housing grant), the following powers are exercisable in such events as the Corporation may from time to time determine.
(2) The Corporation may, acting in accordance with such principles as it has determined—
(a) reduce any grant payable by it, or suspend or cancel any instalment of any such grant, or
(b) direct the registered social landlord to apply or appropriate for such purposes as the Corporation may specify, or to pay to the Corporation, such amount as the Corporation may specify.
(3) A direction by the Corporation under subsection (2)(b) may require the application, appropriation or payment of an amount with interest.
(4) Any such direction shall specify—
(a) the rate or rates of interest (whether fixed or variable) which is or are applicable,
(b) the date from which interest is payable, and
(c) any provision for suspended or reduced interest which is applicable.
The date from which interest is payable must not be earlier than the date of the event giving rise to the exercise of the Corporation’s powers under this section.
(5) In subsection (4)(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.
(6) Where—
(a) a registered social landlord has received a payment in respect of a grant under section 18, and
(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered social landlord,
this section (including this subsection) shall have effect in relation to periods after that time as if the grant, or such proportion of it as may be determined by the Corporation to be appropriate, had been made to that other registered social landlord.
(7) The matters specified in a direction under subsection (4)(a) to (c), and the proportion mentioned in subsection (6), shall be—
(a) such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
(b) such as the Corporation may determine to be appropriate in the particular case.
(1) No application for a grant under section 50 of the [1988 c. 50.] Housing Act 1988 (housing association grant) may be made after the commencement of this subsection.
(2) No application for a grant under section 51 of that Act (revenue deficit grant) may be made after the commencement of this subsection except by an association which had such a deficit as is mentioned in that section for any of the years beginning 1st April 1994, 1st April 1995 or 1st April 1996.
(3) Section 52 of that Act (recovery, &c. of grants) is amended as follows—
(a) in subsection (2)(c), for “to pay to it” substitute “to apply or appropriate for such purposes as the Corporation may specify, or to pay to the Corporation,”;
(b) in the closing words of subsection (2), for the words from “requiring” to “interest on that amount” substitute “may require the application, appropriation or payment of an amount with interest”;
(c) in subsection (7), for the words from “requiring” to “to the Corporation” substitute “requiring the application, appropriation or payment of an amount with interest”;
(d) in subsection (8)(a), for the words from “the amount” to “is paid” substitute “the principal amount is applied, appropriated or paid”;
(e) in subsection (8)(b), for “that amount is so paid” substitute “the principal amount is so applied, appropriated or paid”.
(4) In section 53 of that Act (determinations by Corporation), for subsection (2) (requirement of approval of Secretary of State and, in the case of a general determination, consent of the Treasury) substitute—
“(2) The Corporation shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State.”
(5) In section 55(1) of that Act (surplus rental income: cases in which section applies), omit paragraph (a).
(6) Any reference in sections 50 to 55 of that Act to registration as a housing association shall be construed after the commencement of section 1 of this Act (the register of social landlords) as a reference to registration as a social landlord.
(1) The Secretary of State may, after consultation with a housing association, determine to commute any payments of special residual subsidy payable to the association under paragraph 2 of Part I of Schedule 5 to the [1985 c. 69.] Housing Associations Act 1985 for the financial year 1998-99 and subsequent years.
(2) Where the Secretary of State makes such a determination the payments of special residual subsidy payable to a housing association shall be commuted into a single sum calculated in such manner, and payable on such date, as the Secretary of State may consider appropriate.
(3) If after a commuted payment has been made to a housing association it appears to the Secretary of State that the payment was smaller or greater than it should have been, the Secretary of State may make a further payment to the association or require the association to repay to him such sum as he may direct.
(4) The Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions under this section and, where he does so, references to him in this section shall be construed accordingly.
(1) The Corporation may for any purpose connected with the discharge of any of its functions in relation to registered social landlords serve a notice on a person requiring him—
(a) to give to the Corporation, at a time and place and in the form and manner specified in the notice, such information relating to the affairs of a registered social landlord as may be specified or described in the notice, or
(b) to produce to the Corporation or a person authorised by the Corporation, at a time and place specified in the notice, any documents relating to the affairs of the registered social landlord which are specified or described in the notice and are in his custody or under his control.
(2) A notice under this section may be served on—
(a) a registered social landlord,
(b) any person who is, or has been, an officer, member, employee or agent of a registered social landlord,
(c) a subsidiary or associate of a registered social landlord,
(d) any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of a registered social landlord, or
(e) any other person whom the Corporation has reason to believe is or may be in possession of relevant information.
In this section“agent” includes banker, solicitor and auditor.
(3) No notice shall be served on a person within paragraphs (b) to (e) of subsection (2) unless—
(a) a notice has been served on the registered social landlord and has not been complied with, or
(b) the Corporation believes that the information or documents in question are not in the possession of the landlord.
(4) Nothing in this section authorises the Corporation to require—
(a) the disclosure of anything which a person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court, or
(b) the disclosure by a banker of anything in breach of any duty of confidentiality owed by him to a person other than a registered social landlord or a subsidiary or associate of a registered social landlord.
(5) A notice under this section shall be given under the seal of the Corporation.
(6) References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.
(7) Where by virtue of this section documents are produced to any person, he may take copies of or make extracts from them.
(1) A person who without reasonable excuse fails to do anything required of him by a notice under section 30 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) A person who intentionally alters, suppresses or destroys a document which he has been required by a notice under section 30 to produce commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to a fine.
(3) Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
(4) If a person makes default in complying with a notice under section 30, the High Court may, on the application of the Corporation, make such order as the court thinks fit for requiring the default to be made good.
Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a body who are responsible for its default.
(1) A body or person to whom this section applies may, subject to the following provisions, disclose to the Corporation, for the purpose of enabling the Corporation to discharge any of its functions relating to registered social landlords, any information received by that body or person under or for the purposes of any enactment.
(2) This section applies to the following bodies and persons—
(a) any government department (including a Northern Ireland department);
(b) any local authority;
(c) any constable; and
(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(3) This section has effect subject to any express restriction on disclosure imposed by or under any other enactment.
(4) Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.
(1) The Corporation may disclose to a body or person to whom this section applies any information received by it relating to a registered social landlord—
(a) for any purpose connected with the discharge of the functions of the Corporation in relation to such landlords, or
(b) for the purpose of enabling or assisting that body or person to discharge any of its or his functions.
(2) This section applies to the following bodies and persons—
(a) any government department (including a Northern Ireland department);
(b) any local authority;
(c) any constable; and
(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
Paragraph (d) extends to any such body or person in a country or territory outside the United Kingdom.
(3) Where any information disclosed to the Corporation under section 32 is so disclosed subject to any express restriction on the further disclosure of the information, the Corporation’s power of disclosure under this section is exercisable subject to that restriction.
A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Any information disclosed by the Corporation under this section may be subject by the Corporation to any express restriction on the further disclosure of the information.
(5) A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Proceedings for such an offence may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
(6) Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.
The Corporation may, after consultation with persons or bodies appearing to it to be representative of registered social landlords, from time to time—
(a) determine such standards of performance in connection with the provision of housing as, in its opinion, ought to be achieved by such landlords, and
(b) arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.
(1) The Corporation shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing.
(2) On or before such date in each year as may be specified in a direction given by the Corporation, each registered social landlord shall provide the Corporation, as respects each standard determined under section 34, with such information as to the level of performance achieved by him as may be so specified.
(3) A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Proceedings for such an offence may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
(4) The Corporation shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.
(5) In arranging for the publication of any such information the Corporation shall have regard to the need for excluding, so far as that is practicable—
(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Corporation, seriously and prejudicially affect the interests of that individual; and
(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Corporation, seriously and prejudicially affect the interests of that body.
(1) The Corporation may issue guidance with respect to the management of housing accommodation by registered social landlords.
(2) Guidance under this section may, in particular, be issued with respect to—
(a) the housing demands for which provision should be made and the means of meeting those demands;
(b) the allocation of housing accommodation between individuals;
(c) the terms of tenancies and the principles upon which levels of rent should be determined;
(d) standards of maintenance and repair and the means of achieving those standards;
(e) the services to be provided to tenants;
(f) the procedures to be adopted to deal with complaints by tenants against a landlord;
(g) consultation and communication with tenants;
(h) the devolution to tenants of decisions concerning the management of housing accommodation.
(3) Before issuing any guidance under this section the Corporation shall—
(a) consult such bodies appearing to it to be representative of registered social landlords as it considers appropriate, and
(b) submit a draft of the proposed guidance to the Secretary of State for his approval.
(4) If the Secretary of State gives his approval to the draft submitted to him, the Corporation shall issue the guidance in such manner as the Corporation considers appropriate for bringing it to the notice of the landlords concerned.
(5) Guidance issued under this section may be revised or withdrawn; and subsections (3) and (4) apply in relation to the revision of guidance as in relation to its issue.
(6) Guidance under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered social landlord.
(7) In considering whether action needs to be taken to secure the proper management of the affairs of a registered social landlord or whether there has been mismanagement, the Corporation may have regard (among other matters) to the extent to which any guidance under this section is being or has been followed.
(1) This section applies where it appears to the Corporation that a registered social landlord may be failing to maintain or repair any premises in accordance with guidance issued under section 36.
(2) A person authorised by the Corporation may at any reasonable time, on giving not less than 28 days' notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.
(3) Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days' notice of the proposed survey and examination.
A landlord who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Proceedings for an offence under subsection (3) may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
(5) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
(6) The Corporation shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.
(7) The Corporation may require the landlord concerned to pay to it such amount as the Corporation may determine towards the costs of carrying out any survey under this section.
Housing Act 1996