HC Deb 19 May 1980 vol 985 cc94-5

'(1) Section 2 of the 1974 Act (control by Housing Corporation of dispositions of land by housing associations) is amended as follows.

(2) After subsection (1) there are inserted the following subsections— (1A) Any consent of the Corporation may be given either generally to all housing associations or to any particular association or description of association and either in relation to all kinds of property or to any particular property or description of property. (1B) Any such consent may be given subject to such conditions as the Corporation sees fit to impose.".

(3) For subsection (2) there is substituted the following subsection— (2) Subsection (1) above shall not apply to a disposition by an unregistered housing association which is a charity if the disposition is one which, by virtue of subsection (1) or (2) of section 29 of the Charities Act 1960 (certain disposals not to take place without an order of the court or of the Charity Commissioners), cannot be made without such an order as is mentioned in that section.".

(4) After subsection (3) there is inserted the following subsection— (3A) Subsection (1) above shall not apply to the letting, by a registered housing association or by an unregistered housing association which is a housing trust, of any property under a secure tenancy or under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 3 to the Housing Act 1980 or, as the case may be, but for Schedule 1 to the Tenants' Rights Etc. (Scotland) Act 1980.".

(5) In subsection (4), after the word "grant" there are inserted the words "by an unregistered housing association which does not satisfy the landlord condition in section 27 of the Housing Act 1980 (bodies which are capable of granting secure tenancies) ".

(6) After subsection (5) there is inserted the following subsection— (5A) Where a housing association has, at any time, made a disposition requiring the censent of the Corporation under this section, then—

  1. (a) in favour of any person claiming under the association, the disposition shall not be invalid by reason that any consent of the Corporation which is required has not been given; and
  2. (b) a person dealing with the association or a person claiming under the association shall not be concerned to see or inquire whether any such consent has been given.".

(7) After subsection (6) there is inserted the following subsection—

  1. " (6A) In this section—
  2. ' housing trust ' has the same meaning as in section 15 of the Rent Act 1977; and
  3. 'secure tenancy' has the same meaning as in section 27 of the Housing Act 1980 or section 10 of the Tenants' Rights, Etc. (Scotland) Act 1980.".'.—[Mr. Stanley.]

Brought up, read the First and Second time, and added to the Bill.

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