Housing action trust's proposals HA 1988 s. 64
HA 1988 s. 64: housing action trusts must prepare proposals, consult local authorities, publicise, consider representations, report to the Secretary of State.
As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in relation to the area. The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above. A housing action trust shall take such steps as it considers appropriate to secure— that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above; that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and that those who live in the designated area are given an adequate opportunity of making such representations; and the trust shall consider any such representations as may be made within the time specified. As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of— the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and the consideration it has given to points raised in the course of consultation and to representations received. At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in relation to its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.
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
A housing action trust (HAT) must, as soon as it can after being set up for a designated area, write a statement of what it intends to do there. This is its 'proposals'. The trust must then consult any local housing authority or county council whose area overlaps the designated area.
It must also give the proposals enough publicity so that people living in the area know about them and have a chance to make comments (called 'representations') within a time limit the trust sets. The trust must consider any representations it receives. After doing all that, the trust must send a copy of the proposals and a report to the Secretary of State. The report must explain what steps it took to consult and publicise, and how it considered the points raised.
The trust must also prepare further statements later, either when it chooses or when the Secretary of State tells it to. The same consultation, publicity and reporting process applies to those later statements.
When it applies
- A housing action trust is set up for a run-down housing estate and must prepare its first statement of proposals for redevelopment.
- The trust plans to demolish some blocks of flats; it must consult the local housing authority and county council before finalising the proposals.
- Residents see a notice of the trust's proposals and want to object; they have a specified period to make written representations.
- The trust decides to update its plan due to changes in funding; it must prepare a further statement and go through the same consultation and reporting process.
What this section does not say
- This section does not give residents a veto over the trust's proposals; it only requires the trust to consider their representations.
- It does not set a fixed deadline for the trust to produce its proposals; the requirement is 'as soon as practicable'.
- This provision does not apply to ordinary housing associations or local authority housing; it applies only to housing action trusts under Part III of HA 1988.
- The section does not specify what the trust's proposals must contain; that is governed by other provisions such as s.63 (objects and general powers).
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This page reproduces the text of HA 1988 s. 64 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.