Transfer of housing action trust functions HA 1988 s. 73
Power of Secretary of State to transfer housing action trust functions to another trust, with consultation and parliamentary approval.
If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred— to the housing action trust established for another designated area, or to a new housing action trust to be established for the area, he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order. Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area— the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient. Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred. 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.
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 gives the Secretary of State the power to transfer the functions, property, rights and liabilities of a housing action trust (HAT) to either another existing HAT or a newly created HAT, if it seems expedient. The Secretary of State must first consult both the HAT whose functions are being transferred and, if applicable, the receiving HAT. The transfer is done by a statutory instrument that must be approved by both Houses of Parliament before it can be made.
Once the order takes effect, the receiving HAT is treated as also being established for the area of the dissolved HAT. The order may also change the name of the receiving HAT.
When it applies
- Two housing action trusts cover adjacent designated areas and the Secretary of State decides to merge them by transferring one trust's functions to the other.
- A housing action trust is underperforming and the Secretary of State creates a new trust to take over its functions, dissolving the original.
- The Secretary of State wants to consolidate multiple housing action trusts into a single trust for efficiency, using this section to transfer functions.
- A housing action trust has completed its objectives and the Secretary of State transfers its remaining functions to a neighbouring trust before dissolving it.
What this section does not say
- This section does not govern the initial creation or designation of a housing action trust (that is covered by section 62).
- It does not regulate the day-to-day powers or objects of a housing action trust (those are in section 63).
- It does not cover the transfer of land or other property to a housing action trust (see section 74).
- It does not deal with the disposal of land by a housing action trust (section 79).
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This page reproduces the text of HA 1988 s. 73 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.