|
| |
|
| |
56 | 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 |
| |
| 5 |
(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 49. |
| |
(3) | A person entering into a transaction with the HCA need not be concerned as to |
| |
| |
(a) | there has been a failure of the kind mentioned in subsection (1), or |
| 10 |
(b) | a direction of the kind mentioned in subsection (2) has been given or |
| |
| |
(4) | 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. |
| |
(5) | A person dealing with— |
| 15 |
| |
(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. |
| |
| 20 |
(1) | Any notice required or authorised under this Part to be served on any person |
| |
| |
(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. |
| 25 |
| |
(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 |
| 30 |
| |
(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. |
| 35 |
(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 |
| 40 |
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 |
| 5 |
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 |
| 10 |
| |
(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— |
| 15 |
(a) | leaving it in the hands of a person who is, or appears to be, resident 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 |
| 20 |
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. |
| |
| |
“body corporate” includes a limited liability partnership, |
| 25 |
“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, |
| 30 |
| and references to serving include references to similar expressions (such as |
| |
| |
58 | Consequential amendments: Part 1 |
| |
Schedule 7 (which contains amendments of enactments) has effect. |
| |
59 | Interpretation: Part 1 |
| 35 |
| |
“conduit system” has the same meaning as in the electronic |
| |
communications code; and references to providing a conduit system |
| |
are to be read in accordance with paragraph 1(3A) of that code, |
| |
“develop” (and development), in relation to land or infrastructure, |
| 40 |
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), |
| 45 |
|
| |
|
| |
|
“electronic communications code network” means— |
| |
(a) | 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 |
| 5 |
Act of 2003 (application of the electronic communications code), |
| |
| |
(b) | 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 |
| 10 |
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 |
| |
| |
“enactment” includes subordinate legislation (within the meaning of the |
| 15 |
Interpretation Act 1978 (c. 30)), |
| |
| |
(a) | the period beginning with the day on which the HCA is |
| |
established and ending with the next 31 March, and |
| |
(b) | each subsequent period of 12 months ending with 31 March, |
| 20 |
“highway” has the same meaning as in the Highways Act 1980 (c. 66), |
| |
“improve”, in relation to housing and other land, includes refurbish, |
| |
| |
“modifications” includes omissions, |
| |
“notice” means notice in writing, |
| 25 |
“operator”, in relation to an electronic communications code network |
| |
| |
(a) | the electronic communications code operator providing that |
| |
| |
(b) | the Secretary of State, so far as the Secretary of State is providing |
| 30 |
or proposing to provide that network, |
| |
“private street” has the same meaning as in Part 11 of the Highways Act |
| |
| |
“provide” and related expressions, in relation to an electronic |
| |
communications network, are to be read in accordance with section |
| 35 |
32(4) of the Communications Act 2003 (c. 21). |
| |
60 | 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 |
| |
| 40 |
|
|
| |
|
| |
|
| | | | | | Urban development corporation |
| | | |
|
|
| |
Regulation of Social Housing |
| |
| 5 |
| |
| |
| |
The purpose of this Part is to regulate the provision of social housing (as |
| |
defined in sections 69 to 78) by English bodies (as defined in section 80). |
| 10 |
| |
(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 63). |
| |
(3) | Certain provisions of that Part— |
| 15 |
(a) | are applied in relation to England by this Part (see section 172), or |
| |
(b) | are preserved although they apply to England only (see section 124). |
| |
(4) | The Table describes the content of this Part. |
| |
| | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | (e) | Relationship with other |
| | | | | | | | | | | | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 35 | | | | | (d) | Restructuring and dissolution |
| | |
|
|
| |
|
| |
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | (d) | Tenants’ rights and duties |
| | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | (e) | Managers of social housing |
| | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | (e) | Restrictions on dealings |
| | | | | | | (f) | Suspension and removal of |
| | 20 | | | | | | | | | | | | | | | | | | | | | |
|
|
63 | Restriction of “registered social landlord” system to Wales |
| |
(1) | Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as |
| 25 |
follows (and the title of Part 1 becomes “Social Rented Sector in Wales”). |
| |
(2) | Before section 1 (register of social landlords) insert— |
| |
| |
This Chapter provides for the registration of social landlords in Wales.” |
| |
| 30 |
(a) | for “The Relevant Authority” substitute “The Welsh Ministers”, and |
| |
(b) | omit subsections (1A) and (1B). |
| |
(4) | After section 1 insert— |
| |
| |
In this Chapter “Welsh body” means a body which is— |
| 35 |
(a) | a registered charity whose address, for the purposes of |
| |
registration by the Charity Commission for England and Wales, |
| |
| |
(b) | an industrial and provident society whose registered office for |
| |
the purposes of the Industrial and Provident Societies Act 1965 |
| 40 |
| |
(c) | a company within the meaning of the Companies Act 2006 |
| |
which has its registered office for the purposes of that Act in |
| |
| |
(5) | In section 2 (eligibility for registration)— |
| 45 |
|
| |
|
| |
|
(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”, and |
| |
(c) | after subsection (2) insert— |
| |
“(2A) | A body is principally concerned with Welsh housing if the |
| 5 |
| |
(a) | that it owns housing only or mainly in Wales, or |
| |
(b) | that its activities are principally undertaken in respect of |
| |
| |
| and once a body has been registered in reliance on paragraph |
| 10 |
(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 |
| |
| |
(e) | in subsection (8) for “either House of Parliament” substitute “the |
| 15 |
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 |
| 20 |
section 51 and Schedule 2); and where necessary in consequence of those |
| |
substitutions, for words in the singular substitute appropriate corresponding |
| |
| |
| | | | | | | | | 25 | | | | | | | “the Relevant Authority’s” |
| | | |
|
(8) | Omit section 56 (meaning of “the Relevant Authority”). |
| |
(9) | Sections 64 and 65 make other consequential amendments. |
| |
64 | References to Welsh Ministers |
| 30 |
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 |
| 35 |
(e) | for “considers” substitute “consider”. |
| |
| | | | | | | Consent for disposal of land |
| | | | | Right of first refusal: regulations |
| | |
|
|
| |
|