Land acquisition by housing action trusts HA 1988 s. 77
HA 1988 s. 77 empowers housing action trusts to acquire land inside or outside their designated area by agreement or compulsorily with ministerial consent.
For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily. A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)— land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area. Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired. Subject to section 78 below, the Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section. A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order— being rights over land in the designated area and which the trust requires for the purposes of its functions; being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area. In subsection (5) above— “ new rights ” means rights which are not in existence when the order specifying them is made; and “ compulsory purchase order ” has the same meaning as in the Acquisition of Land Act 1981; and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above. The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “ land ” has the meaning given by the Interpretation Act 1978.
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
Section 77 allows a housing action trust to acquire land to achieve its statutory objects and discharge its functions. A trust can acquire land located inside its designated area either through voluntary agreement or compulsorily when authorized by the Secretary of State.
This authority extends to land adjacent to or outside the designated area if required for performing functions or providing connected services. If a trust acquires land that is a common, open space, or fuel or field garden allotment under subsection 1 or subsection 2, it may also acquire exchange land.
Compulsory purchases under this section are governed by the Acquisition of Land Act 1981, subject to section 78. Subsection 5 permits the Secretary of State to authorize compulsory creation of new rights over land under Schedule 3 to the 1981 Act. Purchases by agreement are governed by Part I of the Compulsory Purchase Act 1965, excluding section 31, with land interpreted according to the Interpretation Act 1978.
When it applies
- A housing action trust purchasing a plot of land within its designated area by agreement with the private landowner.
- A trust obtaining authorization from the Secretary of State to compulsorily acquire adjacent land to build an access road.
- A trust acquiring land outside its designated boundaries to construct a central service building.
- A trust acquiring replacement land to give in exchange after taking land that formed part of a public open space.
What this section does not say
- Vesting of local authority housing in a trust by order without standard acquisition procedures.
- The rules and conditions governing how a housing action trust subsequently disposes of or sells land.
- The assignment of planning authority powers to a housing action trust.
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This page reproduces the text of HA 1988 s. 77 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.