Designation of housing action trust areas HA 1988 s. 60
Provision empowering the Secretary of State to designate areas in England for housing action trusts by statutory instrument subject to affirmative resolution.
Subject to section 61 below, the Secretary of State may by order designate an area of land in England for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established. The area designated by an order under this section may comprise two or more parcels of land which— need not be contiguous; and need not be in the district of the same local housing authority. An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit. Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are— the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing; the physical state and design of the housing accommodation in the area and any need to repair or improve it; the way in which the local authority housing in the area is being managed; and the living conditions of those who live in the area and the social conditions and general environment of the area. An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act— such an area is referred to as a “designated area”; and an order under this section is referred to as a “designation order”.
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 gives the Secretary of State the power to create a housing action trust by designating an area of land in England as a housing action trust area. The order (called a designation order) must be made by statutory instrument and cannot be made unless a draft has been approved by both Houses of Parliament.
The area may consist of two or more parcels of land that do not have to be next to each other or even in the same local housing authority district. Before deciding whether to make an order, the Secretary of State must have regard to matters he thinks fit, and may specifically consider the mix of tenures, the physical state of housing, how local authority housing is managed, and the living conditions and social environment of the area.
Once an area is designated it is referred to as a designated area, and the order is called a designation order. The rest of this Part of the Act sets out the functions and powers of the housing action trust established for that area.
When it applies
- The Secretary of State considers whether to designate a run-down estate in Manchester as a housing action trust area because of poor housing conditions.
- A local authority opposes the designation of an area within its district that includes both council housing and private owner-occupied homes.
- A group of tenants in a proposed designation area wants to know what factors the Secretary of State can lawfully take into account when deciding whether to make the order.
- Parliament debates and votes on a draft statutory instrument that would create a housing action trust for a collection of non-contiguous parcels of land in different local authority areas.
What this section does not say
- The rights of tenants or owner-occupiers after an area is designated – those are covered by later sections in Part III of the Act.
- The specific powers or objects of a housing action trust once established – see sections 62 and 63.
- The requirement for consultation before a designation order is made – that is dealt with by section 61.
- Any appeal or challenge process for individuals affected by a designation order – this provision only sets out the Secretary of State's decision-making power.
Related sections
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This page reproduces the text of HA 1988 s. 60 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.