Consultation & publicity for designation HA 1988 s. 61
Secretary of State must notify secure/introductory tenants of proposed designation order, conduct ballot/poll; if majority oppose, cannot make order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants or introductory tenants ... or tenants of such description as may be prescribed by regulations. After having taken the action required by subsection (2) above, the Secretary of State shall either— make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal. If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed. The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 requires the Secretary of State to consult tenants before making a designation order (such as one creating a housing action trust area). The Secretary must use best endeavours to give notice of the proposal to all secure tenants and introductory tenants in the proposed area, as well as any other type of tenant prescribed by regulations.
After giving notice, the Secretary must arrange a ballot or poll of those notified to find out their opinions. The ballot can be conducted by independent persons or in another manner the Secretary considers appropriate.
If the ballot or poll shows that a majority of tenants who express an opinion are against the proposal, the Secretary cannot make the designation order. The power to make regulations about which tenants must be notified is subject to annulment by Parliament.
When it applies
- A secure tenant on a council estate receives a letter from the Secretary of State saying the area might become a housing action trust and asking for opinions.
- Tenants vote in a ballot organised by an independent firm, and more than half vote 'no' to the designation.
- The Secretary of State cancels the proposed designation because the ballot result shows opposition.
- A tenant who is an introductory tenant is included in the notification but a private tenant in the same area is not notified because they are not a secure or introductory tenant.
- The Secretary of State decides to use a postal poll rather than a ballot box vote.
What this section does not say
- This section does not cover what happens after the designation order is made (see sections 62-72 for the powers and duties of a housing action trust).
- It does not give tenants a right to choose the method of ballot or poll; that is left to the Secretary.
- It does not apply to all tenants; for example, assured shorthold tenants are not mentioned.
- It does not set out the exact form of the notice or the time limits for notification.
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This page reproduces the text of HA 1988 s. 61 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.