General determinations under Part II HA 1988 s. 53
The HCA may make general determinations under Part II HA 1988 with Secretary of State approval, after consulting representative bodies, and must publish them.
A general determination may either— make the same provision for all cases; or make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities; and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed. The Homes and Communities Agency shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State Before making a general determination, the appropriate authority shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the appropriate authority shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned. In this section “ general determination ” means a determination under section 52 above, other than a determination relating solely to a particular case.
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 sets out the rules for making a 'general determination' under Part II of the Housing Act 1988. A general determination is a decision under section 52 that applies to more than one case. It can be the same for all cases or different for different types of cases, areas, or housing associations.
The Homes and Communities Agency (HCA) must get the Secretary of State's approval before making a general determination. Before making it, the HCA must consult bodies that represent housing associations. After making it, the HCA must publish the determination so that the associations it affects can find out about it.
A determination that only applies to a single case is not a general determination and is not covered by this section. That type of determination is dealt with under section 52 directly.
When it applies
- The HCA sets a single grant rate for all housing associations in England.
- The HCA makes a determination that gives higher grants to rural housing associations than to urban ones.
- The HCA consults the National Housing Federation before issuing a new determination on how grant money is calculated.
- The HCA publishes a general determination on its website after the Secretary of State approves it.
- The HCA makes a determination that applies only to housing associations that provide supported housing, but not to others.
What this section does not say
- A determination that applies only to one specific housing association (that is covered by section 52, not this section).
- The amount of grant or the detailed rules for calculating it (those are set out in the determination itself, not in this section).
- The process for challenging a general determination after it is made (this section only covers how it is made and published).
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This page reproduces the text of HA 1988 s. 53 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.