Power to prescribe forms etc. HA 1988 s. 111
HA 1988 s. 111 gives the Secretary of State power to make regulations prescribing anything required under Part IV and the form of documents used in that Part.
The Secretary of State may by regulations prescribe— anything which by this Part is to be prescribed; and the form of any notice, statement or other document which is required or authorised to be used under or for the purposes of this Part.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to make regulations (statutory instruments) that prescribe any matter which Part IV of the Housing Act 1988 says must be prescribed. It also lets the Secretary of State decide the form that any notice, statement, or other document must take when it is required or authorised under Part IV.
The provision itself does not set any specific requirements. It is a rule-making power that allows the government to fill in the details later. The actual forms and prescribed matters are found in separate regulations, not in this section.
Part IV of HA 1988 deals with tenants' rights in certain disposals (e.g., right to buy, right to acquire). The forms covered include notices of intention to proceed, consultation documents, and other paperwork that landlords, tenants, or housing authorities must use.
When it applies
- A tenant wants to serve a notice of intention to proceed under section 103 and needs to know what form they must use.
- A housing association is required to provide information under section 106 and must use a form prescribed by regulations.
- A landlord is completing a disposal under Part IV and needs to check whether a particular form has been prescribed.
- A legal adviser is reviewing whether a notice served under Part IV is valid because it did not follow the prescribed form.
What this section does not say
- It does not list the actual prescribed forms – those are set out in separate regulations made under this power.
- It does not impose any deadline or time limit – those are in other sections (e.g., section 110 for extension of periods).
- It does not create any right or obligation itself – it only authorises the Secretary of State to make rules.
- It does not apply to other Parts of the Housing Act 1988 or to other legislation.
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This page reproduces the text of HA 1988 s. 111 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.