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20 | Section 19: supplementary |
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(1) | The power to survey land conferred by section 19(1) includes power to search |
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and bore for the purpose of ascertaining— |
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(a) | the nature of the subsoil, or |
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(b) | the presence of minerals in it. |
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(2) | But this is subject to subsections (3) to (5). |
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(3) | No person may carry out any works authorised by virtue of subsection (1) |
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unless notice of the person’s intention to do so was included in any notice |
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required by section 19(2)(b). |
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(4) | The authority of the appropriate Minister is required for the carrying out of any |
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works authorised by virtue of subsection (1) if— |
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(a) | the land concerned is held by statutory undertakers, and |
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(b) | they object to the proposed works on the ground that the execution of |
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the works would be seriously detrimental to carrying on their |
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(5) | The references in subsection (4) to the appropriate Minister, statutory |
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undertakers and their undertaking have the same meanings as they have in |
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section 325(9) of the Town and Country Planning Act 1990 (c. 8) |
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(supplementary provisions as to rights of entry). |
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21 | Powers to connect private streets to highways |
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(1) | The HCA may serve a notice (“a connection notice”) on the local highway |
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authority requiring the authority to connect a private street to an existing |
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(2) | The notice must specify— |
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(a) | the private street and the existing highway, |
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(b) | the works which the HCA considers to be necessary to make the |
| |
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(c) | the period within which the works should be carried out. |
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(3) | It does not matter for the purposes of a connection notice whether the existing |
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highway is, for the purposes of the Highways Act 1980 (c. 66), a highway |
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maintainable at the public expense. |
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(4) | Before serving a connection notice, the HCA must consult the local highway |
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authority about the proposed contents of the notice. |
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(5) | The local highway authority may appeal to the Secretary of State against a |
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connection notice if it does so within the period of 2 months beginning with the |
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day on which the notice is served. |
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(6) | On an appeal, the Secretary of State— |
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(a) | must consider any representations made to the Secretary of State by the |
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HCA and the local highway authority, and |
| |
(b) | must decide the appeal by setting aside, or confirming, the connection |
| 40 |
notice (with or without modifications). |
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(7) | A connection notice becomes effective— |
| |
(a) | in the absence of an appeal within the period mentioned in subsection |
| |
(5), at the end of that period, |
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|
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|
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|
(b) | in the case of an appeal made within that period but withdrawn before |
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it has been decided under subsection (6)(b), at the end of the period of |
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21 days beginning with the day on which the Secretary of State is |
| |
notified of the withdrawal, and |
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(c) | in the case of a connection notice confirmed on appeal by a decision |
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under subsection (6)(b), on such day as the Secretary of State may |
| |
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(8) | If a connection notice becomes effective, the local highway authority— |
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(a) | must carry out the works specified in the notice within such period as |
| |
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(b) | may recover from the HCA the expenses reasonably incurred by the |
| |
| |
| |
(a) | may itself carry out, or complete, the works, or |
| |
(b) | arrange for another person to do so, |
| 15 |
| if the local highway authority does not carry out the works specified in the |
| |
notice within such period as may be so specified. |
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(10) | In this section “local highway authority” has the same meaning as in the |
| |
Highways Act 1980 (c. 66). |
| |
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Powers to give financial assistance |
| |
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(1) | The HCA may, with the consent of the Secretary of State, give financial |
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assistance to any person. |
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(2) | Financial assistance under this section may be given in any form. |
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(3) | Financial assistance under this section may, in particular, be given by way of— |
| |
| |
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(c) | guarantee or indemnity, |
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(e) | incurring expenditure for the benefit of the person assisted. |
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(4) | Financial assistance under this section may be given on such terms and |
| |
conditions as the HCA considers appropriate (including provision for |
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repayment, with or without interest). |
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(5) | See also sections 35 to 38 (further provision about certain types of financial |
| |
assistance: social housing). |
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|
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|
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|
Borrowing powers of the HCA |
| |
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(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 |
| |
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(2) | Subject to this, the HCA may only borrow from the Secretary of State or the |
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European Investment Bank. |
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(3) | The HCA may not borrow in currencies other than sterling. |
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24 | Loans by the Secretary of State |
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(1) | The Secretary of State may lend to the HCA any sums it has power to borrow from the |
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Secretary of State under section 23. |
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(2) | In respect of loans under subsection (1), the HCA must— |
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(a) | repay the principal to the Secretary of State at such times, and in such |
| |
manner, as the Secretary of State may decide, and |
| |
(b) | pay interest to the Secretary of State at such times, and at such rates, as |
| 15 |
| |
25 | Guarantees by the Secretary of State |
| |
(1) | The Secretary of State may guarantee— |
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(a) | the repayment of the principal of any sums which the HCA borrows from a |
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person other than the Secretary of State, and |
| 20 |
(b) | the payment of interest on such sums. |
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(2) | Such a guarantee is to be in such manner, and on such terms and conditions, as |
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the Secretary of State considers appropriate. |
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(3) | The Secretary of State must lay a statement of any such guarantee before |
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Parliament immediately after giving the guarantee. |
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(4) | The Secretary of State must lay before Parliament a statement relating to any |
| |
sum issued for fulfilling such a guarantee. |
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(5) | A statement under subsection (4) must be laid as soon as possible after the end |
| |
| |
(a) | beginning with that in which the sum is issued, and |
| 30 |
(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 |
| 35 |
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. |
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|
| |
|
| |
|
| |
(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. |
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(3) | But an order under subsection (2) may not specify an amount of more than £3,000 |
| 5 |
| |
(4) | In this section “current borrowings of the HCA” means— |
| |
(a) | the aggregate amount at any time of sums borrowed by the HCA under |
| |
| |
(b) | repayments made, or treated as made, in respect of those sums. |
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27 | Power to charge for certain activities |
| |
(1) | The HCA may impose charges for, or in connection with, anything done by it |
| |
by virtue of section 41, 42 or 47. |
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(2) | Any such charges must be of such amounts as the HCA considers to be |
| 15 |
| |
28 | Directions as to surplus funds |
| |
(1) | Subsection (2) applies if the Secretary of State considers that 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. |
| 20 |
(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 |
| |
| 25 |
(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 |
| |
| |
(b) | in respect of the repayments due at such times, |
| 30 |
| as the Secretary of State may decide. |
| |
29 | 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 |
| |
| 35 |
(2) | In subsection (1) “financial assistance functions” means, so far as exercisable in |
| |
relation to England, functions under sections 126 to 128 of the Housing Grants, |
| |
Construction and Regeneration Act 1996 (c. 53) (financial assistance for |
| |
regeneration and development). |
| |
|
| |
|
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|
(3) | An appointment under this section is to be on such terms as the Secretary of |
| |
| |
(4) | The HCA must, if appointed, act as agent in accordance with the terms of its |
| |
| |
30 | Duty to act as agent in respect of derelict land etc. |
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(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 |
| |
| |
(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 |
| 10 |
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 |
| |
| 15 |
(4) | The HCA must, if appointed, act as agent in accordance with the terms of its |
| |
| |
| |
Other functions of the HCA |
| |
| 20 |
| |
(1) | The HCA may carry on any business. |
| |
(2) | In subsection (1) “business” includes undertaking. |
| |
32 | Powers to form companies etc. |
| |
The HCA may, with the consent of the Secretary of State, form, or acquire |
| 25 |
interests in, bodies corporate. |
| |
| |
| |
(a) | encourage or develop existing or new businesses, |
| |
| 30 |
(c) | provide business or employment services, |
| |
(d) | provide safe and attractive environments, |
| |
(e) | prevent or reduce anti-social behaviour or crime, |
| |
(f) | reduce the fear of anti-social behaviour or crime, |
| |
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| |
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|
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|
| |
|
(iii) | social, religious or recreational services, or |
| |
(iv) | cremation or burial services, or |
| |
(h) | provide other community services. |
| |
(2) | The HCA may facilitate anything falling within paragraphs (a) to (h) of |
| |
| 5 |
34 | Sustainable development |
| |
(1) | The HCA may contribute to the achievement of sustainable development. |
| |
(2) | The HCA may facilitate any contribution to the achievement of sustainable |
| |
| |
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35 | Duties in relation to social housing |
| |
(1) | Subsection (2) applies if the HCA— |
| |
(a) | acquires or constructs low cost rental accommodation, or |
| |
(b) | converts any building into any such accommodation. |
| |
(2) | The HCA must ensure that a relevant provider of low cost rental |
| 15 |
accommodation is the landlord of the accommodation when it is made |
| |
| |
(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). |
| 20 |
(4) | The HCA must impose a further condition that a relevant provider of low cost |
| |
rental accommodation is the landlord of the accommodation when it is made |
| |
| |
(5) | Subsection (6) applies if the HCA provides infrastructure to a person on |
| |
condition that the person provides low cost rental accommodation. |
| 25 |
(6) | The HCA must impose a further condition ensuring that a relevant provider of |
| |
low cost rental accommodation 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. |
| 30 |
(8) | The HCA must impose a further condition ensuring that a relevant provider of |
| |
low cost rental accommodation is the landlord of the accommodation when it |
| |
is made available for rent. |
| |
| |
“English local housing authority” means a local housing authority (within |
| 35 |
the meaning of section 1 of the Housing Act 1985 (c. 68)) but excluding |
| |
a Welsh county council or county borough council, |
| |
“low cost rental accommodation” has the meaning given by section 68, |
| |
“relevant provider of low cost rental accommodation” means a registered |
| |
provider of social housing, an English local housing authority or a |
| 40 |
county council in England. |
| |
|
| |
|