Housing authority powers of HATs HA 1988 s. 65
Section 65 allows the Secretary of State to order that a housing action trust exercises housing authority functions instead of or with the council.
If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified. The functions referred to in subsection (1) above are— the functions conferred on a local housing authority by Parts II, VI , VII and IX to XI and XVI of the Housing Act 1985 and section 3(1) of the Chronically Sick and Disabled Persons Act 1970; the functions conferred by Part II of the Housing Associations Act 1985 on a local authority, within the meaning of that Act; and the functions conferred by sections 39 to 41 of the Land Compensation Act 1973 on the authority which is “ the relevant authority ” for the purposes of section 39 of that Act. As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either— by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or by the trust concurrently with that authority. Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect— in relation to the trust, and where the trust is to have the function concurrently with another authority, in relation to that authority, subject to such modifications (if any) as may be specified in the order. Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section. Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order. An order under this section— may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and shall be made 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 provision allows the Secretary of State to transfer local housing authority functions to a housing action trust within its designated area. When an order is made, the trust exercises specified statutory housing duties either instead of the local council or concurrently alongside it.
The transferable functions include housing authority duties under the Housing Act 1985, disabled accommodation functions under section 3(1) of the Chronically Sick and Disabled Persons Act 1970, and land compensation obligations under sections 39 to 41 of the Land Compensation Act 1973.
Orders are made by statutory instrument subject to parliamentary annulment and may modify how the underlying enactments apply to the trust or council. Where certain housing duties are transferred, section 36 of the Local Government Act 1974 applies to allow the trust to recover establishment charges.
When it applies
- The Secretary of State issues an order transferring statutory housing functions in a designated area from the council to a housing action trust.
- A housing action trust exercises accommodation duties under section 3(1) of the Chronically Sick and Disabled Persons Act 1970 concurrently with the local authority.
- A trust recovers establishment charges under section 36 of the Local Government Act 1974 while executing transferred housing functions.
What this section does not say
- The initial designation and boundary creation of a housing action trust area, which is covered under separate provisions of Part II.
- The general objects and broad corporate powers of a trust, which are defined elsewhere in the Act.
- Orders directly transferring land or council property to a trust, which are handled under separate transfer provisions.
Related sections
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This page reproduces the text of HA 1988 s. 65 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.