Delegation of Ministerial Functions HA 1988 s. 57
Under HA 1988 s. 57, the Secretary of State may delegate functions concerning tax relief, deficit grants, and residual subsidies to the Housing Corporation.
The Secretary of State may delegate to the Housing Corporation , to such extent and subject to such conditions as he may specify, any of his functions , so far as they relate to English registered social landlords, under— section 54 . . . above; sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and Parts I and II of Schedule 5 to the 1985 Act (residual subsidies); and where he does so, references to him in those provisions shall be construed accordingly. In this section “ English registered social landlords ” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996.
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 provision permits the Secretary of State to delegate statutory responsibilities regarding English registered social landlords to the Housing Corporation. The delegation can be made to whatever extent and under whichever conditions the Secretary of State specifies.
The eligible functions include those under section 54 of the 1988 Act, along with legacy powers from the 1985 Act concerning recoupment of surplus rental income under section 53, deficit grants under sections 54 to 57, tax relief grants under section 62, and residual subsidies under Schedule 5.
When delegation occurs, statutory references to the Secretary of State in those specified provisions are construed as referring to the Housing Corporation instead. In this section, English registered social landlords refers to entities registered under section 1 of the Housing Act 1996.
When it applies
- The Secretary of State transfers responsibility for administering tax relief grants under section 54 to the Housing Corporation.
- The Housing Corporation demands recoupment of surplus rental income under section 53 of the 1985 Act following statutory delegation.
- An English registered social landlord registered under section 1 of the Housing Act 1996 claims residual subsidies under Schedule 5 from the Housing Corporation.
What this section does not say
- Tenancy security disputes or rent setting rules between private landlords and tenants.
- Housing association grant applications or revenue deficit grants that have not been formally delegated.
- The creation, designation, and management of housing action trust areas.
Related sections
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This page reproduces the text of HA 1988 s. 57 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.