- Statutory Instrument 2006 No. 1968
The Social Landlords (Permissible Additional Purposes) (England) Order 2006
© Crown Copyright 2006
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| Made | 19th July 2006 | ||
| Laid before Parliament | 26th July 2006 | ||
| Coming into force | 24th August 2006 |
The Secretary of State, in exercise of the powers conferred by section 2(7) of the Housing Act 1996[1], makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as the Social Landlords (Permissible Additional Purposes) (England) Order 2006 and shall come into force on 24th August 2006.
(2) This Order applies in relation to bodies eligible for registration as social landlords by the Housing Corporation in England[2].
Additional permissible purposes
2. —(1) The following are specified as permissible purposes additional to those specified in section 2(4) of the Housing Act 1996 (eligibility for registration as a social landlord)—
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(a) the provision, construction, improvement or management of sites where caravans may be stationed for use as temporary or permanent residences for gypsies and travellers; and
(b) the provision of services to the site of any description, including the arranging or carrying out of works of maintenance or repair or encouraging or facilitating the carrying out of such work..
(2) In paragraph (1)(a)—
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"caravan" shall be construed in accordance with article 3; and
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"gypsies and travellers" means—
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(a) persons with a cultural tradition of nomadism or of living in a caravan; and
(b) all other persons of a nomadic habit of life, whatever their race or origin, including—
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(i) such persons who, on grounds only of their own or their family's or dependant's educational or health needs or old age, have ceased to travel temporarily or permanently; and
(ii) members of an organised group of travelling showpeople or circus people (whether or not travelling together as such).
Meaning of caravan
3.
—(1) For the purposes of article 2 "caravan" means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted but does not include—
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(a) any railway rolling stock which is for the time being on rails forming part of a railway system; or
(b) a structure of the description specified in paragraph (2)(a) and (b) any of whose dimensions, when the structure is assembled, exceed a limit specified in paragraph (3).
(2) A structure designed or adapted for human habitation which—
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(a) is composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts,[a] clamps or other devices; and
(b) is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer),
is not excluded from being a caravan for the purposes of article 2 by reason only that it cannot lawfully be so moved on a highway when assembled.
(3) The limits are—
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(a) length (exclusive of any drawbar): 18.288 metres (60 feet);
(b) width: 6.096 metres (20 feet);
(c) overall height of living accommodation (measured internally from the floor at the lowest level to the ceiling at the highest level): 3.048 metres (10 feet).
Signed by authority of one of Her Majesty's Principal Secretaries of State
Meg Munn
Parliamentary Under-Secretary of State[b] Department for Communities and Local Government
19th July 2006
(This note is not part of the Order)
Section 2 of the Housing Act 1996 specifies the three types of body that are eligible for registration as a social landlord and the conditions of eligibility. For those social landlords which are societies registered under the Industrial and Provident Societies Act 1965 and companies registered under the Companies Act 1985, it is a condition of eligibility that their purposes or objects are restricted to those set out in section 2. Section 2(7) allows the Secretary of State to add to those purposes or objects.
This Order adds to those purposes or objects the provision, construction, improvement or management of caravan sites for gypsies and travellers, and the provision of services to those sites.
Article 3 of the Order defines "caravan" for the purposes of the Order.
A Regulatory Impact Assessment has been prepared in connection with this Order. A copy can be obtained from www.communities.gov.uk or from the Department for Communities and Local Government, Gypsy and Traveller Unit, Zone 1/E8, Eland House, Bressenden Place, London, SW1E 5DU (Tel 020 7944 3565).
Notes:
[1] 1992 c. 52. The functions of the Secretary of State under section 2(7) of the Housing Act 1996, were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.back
[2] See, sections 1 and 56 of the Housing Act 1996 to which there are amendments not relevant to this Order.back
[a] Amended by Correction Slip. Page 2, article 3(2)(a), line two: "by means of blots," should read, "by means of bolts,"; and back
[b] Amended by Correction Slip. Page 2, immediately below the Minister's signature: "Minister of State" should read, "Parliamentary Under-Secretary of State". back
ISBN 0 11 074908 1