Requiring Info from Local Authorities HA 1988 s. 90
HA 1988 s. 90 empowers the Secretary of State to require local authorities to supply documents and land information regarding housing action trusts.
If required to do so by notice in writing given by the Secretary of State for any of the purposes mentioned in subsection (3) below, a local authority,— at such time and place as may be specified in the notice, shall produce any document; or within such period as may be so specified, or such longer period as the Secretary of State may allow, shall furnish a copy of any document or supply any information; being a document, copy or information of a description specified in the notice. Where notice is given to a local authority under subsection (1) above, any officer of the authority— who has the custody or control of any document to which the notice relates, or who is in a position to give information to which the notice relates, shall take all reasonable steps to ensure that the notice is complied with. The purposes referred to in subsection (1) above are— determining whether the Secretary of State should make a designation order in respect of any area; where a designation order is to be or has been made, detemining whether, and to what extent, he should exercise any of his other powers under this Part of this Act; and enabling him to provide information to a housing action trust the better to enable it to carry out its functions. Without prejudice to the generality of subsection (1) above, among the information which may be required by a notice under that subsection is information with respect to the interests in, and the occupation of, land held by a local authority and, in particular, information with respect to any matter entered in a register kept under the Land Registration Act 2002 or the Land Charges Act 1972. To any extent to which, apart from this subsection, he would not be able to do so, the Secretary of State may use, for any of the purposes mentioned in subsection (3) above, any infor*mation obtained by him under, or in connection with his functions under, the Housing Act 1985 or any other enactment. If the Secretary of State considers it necessary or desirable to do so in order the better to enable a housing action trust to carry out its functions, he may disclose to the trust any information originally obtained by him for a purpose falling within paragraph (a) or paragraph (b) of subsection (3) above as well as information obtained for the purpose referred to in paragraph (c) of that subsection. In this section “ local authority ” has the same meaning as in section 74 above.
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
Under Section 90 of the Housing Act 1988, the Secretary of State can issue a written notice requiring a local authority to produce documents, provide copies, or furnish information. Council officers who control those documents or hold that information must take all reasonable steps to comply with the notice.
This power applies when deciding whether to create a Housing Action Trust area, deciding how to exercise powers in that area, or passing information to a Housing Action Trust. The notice can specifically demand details on land held by the local authority, including entries listed under the Land Registration Act 2002 or the Land Charges Act 1972.
The Secretary of State may also re-use information obtained under the Housing Act 1985 or other legislation for these same purposes, and may share information directly with a Housing Action Trust.
When it applies
- The Secretary of State serves a written notice on a local council demanding property records to decide if a Housing Action Trust area should be created.
- A local authority officer holding land registration records takes steps to send document copies to the Secretary of State following a formal notice.
- The Secretary of State passes land title records obtained under the Housing Act 1985 directly to a Housing Action Trust to assist its work.
What this section does not say
- Tenants seeking disclosure of their landlord's name or contact details.
- Members of the public seeking council documents under general information requests.
- Rules and methods for serving official notices under housing legislation.
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This page reproduces the text of HA 1988 s. 90 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.