Interpretation of Part II and amendments (HA 1988 s. 59)
HA 1988 s. 59 defines terms in Part II and amends the 1985 Act via Schedule 6, covering supervisory powers, Scottish Homes, and member removal.
In this Part of this Act— “ the 1985 Act ” means the Housing Associations Act 1985; and subject to subsections (1A) and (1B) below expressions used in this Part have the same meaning as in the 1985 Act. Expressions used in sections 52 to 54 ... above have the same meaning as in Part I of the Housing Act 1996, subject as follows. In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act. The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments— extending the supervisory powers conferred by Part I of the 1985 Act; making provision incidental to and consequential upon . . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes; making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office. In Schedule 6 to this Act,— Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and Parts II and III contain amendments of Parts II and III respectively of the 1985 Act. Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.
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 defines terms used in Part II of the Housing Act 1988. It says 'the 1985 Act' means the Housing Associations Act 1985, and other expressions in Part II have the same meaning as in that 1985 Act.
For sections 52 to 54, the meaning of 'housing activities' and 'shared ownership lease' depends on the time. Before the start of section 1 of the Housing Act 1996 (the register of social landlords), they have the same meaning as in the 1985 Act.
The section also amends the Housing Associations Act 1985 through Schedule 6. These amendments extend supervisory powers from Part I of the 1985 Act, make changes because of Scottish Homes, and change the grounds for removing a member of the Housing Corporation. Additionally, it says that Schedule 3 of the Housing (Scotland) Act 1988 is treated as never having come into force for the purpose of these amendments.
When it applies
- A housing association disputes whether a shared ownership lease created before 1996 is covered by the definition of 'shared ownership lease' in Part II.
- The Housing Corporation needs to know the meaning of 'housing activities' when determining grant recovery under sections 52–54 for a period before the register of social landlords.
- The Secretary of State removes a member of the Housing Corporation, and the grounds for removal are amended by Schedule 6.
- An amendment to the Housing Associations Act 1985 extends supervisory powers, affecting how a housing association is regulated.
- Scottish Homes is established under the Housing (Scotland) Act 1988, and the amendments in Schedule 6 make consequential changes to the 1985 Act.
What this section does not say
- It does not define terms for Part I of the Housing Act 1988 (that is covered by section 45).
- It does not set out the conditions for assured tenancies or security of tenure (those are in sections 4a, 4b, 5, 6, 6a).
- It does not deal with housing action trusts or their powers (those are in Part III, sections 60–69).
- It does not provide the actual amounts or procedures for grants or recovery (those are in sections 50–55, 57, 58).
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This page reproduces the text of HA 1988 s. 59 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.