|
| |
|
36 | Recovery etc. of social housing assistance |
| |
(1) | The HCA may, in such events as it may determine, exercise the powers |
| |
conferred by subsections (2) to (4) in relation to a person who has received |
| |
social housing assistance. |
| |
(2) | The HCA may reduce any grant payable by it or restrict any other social |
| 5 |
housing assistance due from it. |
| |
(3) | The HCA may suspend or cancel any instalment of any grant payable by it or |
| |
any aspect of any other social housing assistance due from it. |
| |
(4) | The HCA may direct the recipient of the social housing assistance to— |
| |
(a) | apply or appropriate for such purposes as the HCA may specify, or |
| 10 |
| |
| such amount as the HCA may specify. |
| |
(5) | In exercising its powers under subsections (2) to (4) the HCA must act in |
| |
accordance with such principles as it has determined. |
| |
(6) | A person who has received social housing assistance must notify the HCA if an |
| 15 |
event of a kind determined by the HCA under subsection (1) occurs after the |
| |
assistance has been given. |
| |
(7) | Such a person must, if required by notice of the HCA, supply the HCA with |
| |
such particulars of, and information relating to, the event as are specified in the |
| |
| 20 |
| |
“social housing” has the same meaning as in Part 2, |
| |
“social housing assistance” means financial assistance given under section |
| |
22 on condition that the recipient provides social housing (whether by |
| |
itself or as part of a wider project). |
| 25 |
37 | Section 36: interest and successors in title |
| |
(1) | A direction by the HCA under section 36(4) may require the application, |
| |
appropriation or payment of an amount with interest. |
| |
(2) | Any such direction must specify— |
| |
(a) | the applicable rate or rates of interest (whether fixed or variable), |
| 30 |
(b) | the date from which interest is payable, and |
| |
(c) | any provision for suspended or reduced interest which is applicable. |
| |
(3) | The date specified under subsection (2)(b) must not be earlier than the date of |
| |
the event giving rise to the power to give a direction. |
| |
(4) | In subsection (2)(c)— |
| 35 |
(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 |
| 40 |
principal amount is so applied, appropriated or paid, any interest |
| |
payable will be payable at a rate or rates lower than the rate or rates |
| |
which would otherwise be applicable. |
| |
|
| |
|
| |
|
(5) | Subsection (6) applies if— |
| |
(a) | social housing assistance has been given to a person, and |
| |
(b) | at any time the social housing provided as a result of the assistance |
| |
becomes vested in, or is leased for a term of years to, or reverts to, |
| |
| 5 |
(6) | Section 36 and this section (including this subsection) have effect in relation to |
| |
periods after that time as if the assistance, or such element of it as may be |
| |
determined by the HCA to be appropriate, had been given to that other person. |
| |
(7) | The matters specified in a direction under subsection (2)(a) to (c), and the |
| |
element mentioned in subsection (6), are to be— |
| 10 |
(a) | such as the HCA, acting in accordance with such principles as it may |
| |
determine, may specify as being appropriate, or |
| |
(b) | such as the HCA may determine to be appropriate in the particular |
| |
| |
38 | Determinations under sections 36 and 37 |
| 15 |
(1) | The HCA must not make a general determination under section 36 or 37 |
| |
without the consent of the Secretary of State. |
| |
(2) | Before making such a determination, the HCA must consult— |
| |
(a) | the Regulator of Social Housing, and |
| |
(b) | such other persons as it considers appropriate. |
| 20 |
(3) | Subsection (4) applies if a general determination under section 36 or 37 about |
| |
relevant events relates to social housing assistance given to a registered |
| |
provider of social housing. |
| |
(4) | The HCA must, in particular, consult such bodies appearing to it to represent |
| |
the interests of registered providers of social housing as it considers |
| 25 |
| |
(5) | The HCA must publish a general determination made under section 36 or 37 in |
| |
such manner as it considers appropriate for bringing the determination to the |
| |
attention of those affected by it. |
| |
(6) | A general determination of the HCA under section 36 or 37 may make different |
| 30 |
provision for different cases or descriptions of case (including different |
| |
provision for different areas). |
| |
(7) | For the purposes of subsection (6) descriptions may be framed by reference to |
| |
| |
(8) | A determination of the HCA under section 36 or 37 may be varied or revoked |
| 35 |
| |
| |
“general determination” means a determination which does not relate |
| |
solely to a particular case, |
| |
“relevant event” means an event of a kind determined by the HCA under |
| 40 |
| |
|
| |
|
| |
|
39 | Information in relation to social housing |
| |
(1) | The Secretary of State may by order provide for the HCA to supply such |
| |
| |
(a) | which accommodation provided directly or indirectly by it is to be |
| |
| 5 |
(b) | the type of social housing to be so provided, and |
| |
(c) | the consequences of it being social housing, |
| |
| as may be specified or described in the order. |
| |
(2) | An order under this section may, in particular, provide for— |
| |
(a) | the person or persons to whom the information is to be provided, |
| 10 |
(b) | the time at which, or period or frequency within which, the information |
| |
| |
(c) | the form and manner in which the information is to be provided. |
| |
40 | Duty to co-operate with Regulator of Social Housing |
| |
(1) | The HCA must co-operate with the Regulator of Social Housing. |
| 15 |
(2) | In particular, the HCA must consult the regulator on matters likely to interest |
| |
| |
Information, education and guidance etc. |
| |
| |
| 20 |
(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— |
| 25 |
(a) | the publication or other dissemination or promotion of ideas or |
| |
| |
(b) | research or experimentation, or |
| |
(c) | the provision of other information services. |
| |
42 | Advice, education and training |
| 30 |
| |
(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 |
| 35 |
(b) | other advisory, education or training services. |
| |
|
| |
|
| |
|
| |
(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. |
| 5 |
(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. |
| |
| 10 |
(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 |
| |
| 15 |
(6) | References in this section to giving guidance include references to giving |
| |
guidance by varying existing guidance. |
| |
Functions in relation to companies and other persons |
| |
44 | Control of subsidiaries |
| |
(1) | The HCA must ensure that no subsidiary of the HCA does anything which the |
| 20 |
| |
(a) | would not have the power to do, or |
| |
(b) | would be prevented from doing by a direction of the Secretary of State |
| |
| |
(2) | Subsection (1) does not require the approval of the Secretary of State for the |
| 25 |
appointment of staff of a subsidiary or for the staff’s terms and conditions of |
| |
| |
(3) | A subsidiary of the HCA may borrow from the HCA despite subsection (1). |
| |
(4) | The HCA must ensure that no subsidiary of the HCA— |
| |
(a) | borrows from a person other than the HCA, or |
| 30 |
(b) | raises money by the issue of shares or stock to a person other than the |
| |
| |
| without the consent of the Secretary of State. |
| |
(5) | In this section “subsidiary” has the meaning given by section 1159 of the |
| |
Companies Act 2006 (c. 46). |
| 35 |
45 | 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. |
| |
| |
(a) | may be in connection with any of the functions of the HCA other than |
| 40 |
its functions in connection with Chapter 3, and |
| |
|
| |
|
| |
|
(b) | is to be on such terms as may be agreed. |
| |
(3) | The appointment must specify the functions in connection with which it is |
| |
| |
(4) | An urban development corporation must act as agent in accordance with the |
| |
terms of its appointment. |
| 5 |
(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 |
| |
| 10 |
(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 |
| |
| 15 |
46 | 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. |
| |
(3) | The HCA may not appoint an agent. |
| |
(4) | Subsection (3) is subject to section 45 and paragraph 10 of Schedule 1. |
| 20 |
| |
| |
(1) | The HCA may provide services in support of a project. |
| |
(2) | The HCA may, in particular— |
| |
(a) | second staff to the project, |
| 25 |
(b) | provide consultants or other manpower resources to the project on a |
| |
| |
(c) | lend or otherwise provide technical, property or other resources to the |
| |
| |
(3) | The HCA may facilitate the provision of services in support of a project. |
| 30 |
| |
| |
Certain supervisory powers of the Secretary of State |
| |
48 | Guidance by the Secretary of State |
| |
(1) | The Secretary of State may give guidance to the HCA as to the exercise of any |
| 35 |
| |
|
| |
|
| |
|
(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 |
(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. |
| 10 |
(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. |
| |
49 | Directions by the Secretary of State |
| 15 |
(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— |
| 20 |
(a) | may revoke any directions given by the Secretary of State under this |
| |
| |
(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 |
| 25 |
| |
(5) | Subsections (2) and (3)(b) do not apply to directions given under section 25 or |
| |
paragraph 7 of Schedule 1; and this section does not apply to directions given |
| |
| |
(6) | References in this Part to the Secretary of State giving directions include |
| 30 |
references to the Secretary of State giving directions by varying existing |
| |
| |
50 | 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 |
| 35 |
(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 |
| 40 |
other person to whom the consent is given. |
| |
|
| |
|