Government of Wales Act 1998 (c. 38) (c. 38)

(The document as of February, 2008)

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(6) In paragraph 12(1) (payment of pensions, allowances and gratuities to or in respect of employees), omit--

(a) "with the consent of the Minister for the Civil Service", and

(b) "with the approval of the said Minister".

(7) After paragraph 19 (status of documents executed by the Agency) insert--

" 19A (1) A certificate signed by the chief executive of the Agency that any document purporting to be made or issued by or on behalf of the Agency was so made or issued shall be conclusive evidence of that fact.

(2) A document purporting to be such a certificate shall be received in evidence and be deemed to be such a certificate unless the contrary is proved.

19B A person dealing with the Agency, or with a person claiming under the Agency, shall not be concerned to inquire--

(a) whether any directions have been given to the Agency under this Act or whether any directions so given have been complied with; or

(b) whether any approval, authority or consent of the Secretary of State or the Treasury required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such approval, authority or consent was given has been complied with,

and, in favour of any such person, the validity of anything done by the Agency shall not be affected by anything contained in any such direction, approval, authority or consent or by reason that any such direction, approval, authority or consent has not been given. "

Part II Amendments of other enactments

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

13 In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (b) insert--

" (ba) the Welsh Development Agency; " .

The Land Compensation Act 1961 (c. 33)

14 In section 23(3) of the Land Compensation Act 1961 (cases in which there is no compensation where a planning decision is made after compulsory acquisition etc.), before paragraph (a) insert--

" (za) under section 21A of the [1975 c. 70.] Welsh Development Agency Act 1975 (acquisitions by Welsh Development Agency); " .

The Development of Rural Wales Act 1976 (c. 75)

15 In section 26(2) of the [1975 c. 70.] Development of Rural Wales Act 1976 (which provides that the power of the Secretary of State to give financial assistance to persons contributing to social development of Wales does not include power to give assistance to persons carrying on an industrial undertaking), for "an industrial undertaking" substitute "a business; and in this subsection "business" has the same meaning as in the [1975 c. 70.] Welsh Development Agency Act 1975".

The Acquisition of Land Act 1981 (c. 67)

16 The Acquisition of Land Act 1981 has effect subject to the following amendments.

17 In section 17(3) (opposed order for compulsory purchase of land of local authority or statutory undertaker not subject to special parliamentary procedure where acquisition is by certain bodies), after "urban development corporation" insert ", the Welsh Development Agency,".

18 In section 28 (provisions about the acquisition of rights by the creation of new rights to which Schedule 3 of the Act applies), before paragraph (b) insert--

" (aa) section 21A of the [1975 c. 70.] Welsh Development Agency Act 1975, " .

19 In section 31(1) (acquisition under certain provisions of statutory undertakers' land without a certificate), after paragraph (c) insert " or

(d) section 21A of, and Schedule 4 to, the [1975 c. 70.] Welsh Development Agency Act 1975, " .

20 In paragraph 4(3) of Schedule 3 (opposed order for compulsory purchase of rights over land of local authority or statutory undertaker not subject to special parliamentary procedure where acquisition is by certain bodies), after "urban development corporation" insert ", the Welsh Development Agency,".

Section 129.

SCHEDULE 15 Development Board for Rural Wales

The Landlord and Tenant Act 1954 (c. 56)

1 In section 59(1) of the Landlord and Tenant Act 1954 (compensation for exercise of powers under sections 57 and 58), for "or, subject to subsections (1A) or (1B) below, sections 60A or 60B below" substitute "or, subject to subsection (1A) below, section 60A below".

The Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), in note 7, for ", a development corporation for a new town or the Development Board for Rural Wales" substitute "or a development corporation for a new town".

The Local Government Act 1974 (c. 7)

3 In paragraph 6 of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Commissions for Local Administration), for ", (bb) or (bc)" substitute "or (bb)".

The Welsh Development Agency Act 1975 (c. 70)

4 In section 11(2)(b) of the [1954 c. 56.] Welsh Development Agency Act 1975 (amendment of section 59 of the Landlord and Tenant Act 1954), for "that subsection" substitute "subsection (1)".

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

5 In paragraph 2(5)(c) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (relevant corporations for purposes of resolutions relating to street trading), at the end insert "and".

The Housing Act 1985 (c. 68)

6 The Housing Act 1985 has effect subject to the following amendments.

7 In section 4(a) (meaning of "housing authority"), for ", a new town corporation or the Development Board for Rural Wales" substitute "or a new town corporation".

8 In section 50(2) (offences), after "authority" insert "or".

9 In section 51(6) (meaning of "qualified accountant"), for ", a new town corporation or the Development Board for Rural Wales" substitute "or a new town corporation".

10 In section 114(1) and (2) (meaning of "landlord authority"), after "trust" insert ", or".

The Landlord and Tenant Act 1985 (c. 70)

11 The Landlord and Tenant Act 1985 has effect subject to the following amendments.

12 In section 26(1) (sections 18 to 25 not to apply to tenants of certain local authorities), after "Park authority" insert ", or".

13 In section 28(6) (meaning of "qualified accountant"), for ", a new town corporation or the Development Board for Rural Wales" substitute "or a new town corporation".

14 In paragraph 9(1) of the Schedule (paragraphs 2 to 8 not to apply to tenants of certain public authorities), after "Park authority" insert ", or".

The Housing Act 1988 (c. 50)

15 In section 35(4)(a) of the Housing Act 1988 (cases where a tenancy or licence can be a secure tenancy), for ", a housing action trust established under Part III of this Act or the Development Board for Rural Wales" substitute "or a housing action trust established under Part III of this Act".

The Local Government and Housing Act 1989 (c. 42)

16 In section 90(2)(c) of the Local Government and Housing Act 1989 (renewal areas: dwellings not privately held), at the end insert "or".

The Water Industry Act 1991 (c. 56)

17 In section 97(5) of the Water Industry Act 1991 (performance of sewerage undertaker's functions by local authorities etc.)--

(a) in the definition of "relevant area", at the end of paragraph (c) insert "and", and

(b) in the definition of "relevant authority", in paragraph (b), for ", a development corporation for a new town or the Development Board for Rural Wales" substitute "or a development corporation for a new town".

The Social Security Administration Act 1992 (c. 5)

18 In section 191 of the Social Security Administration Act 1992 (interpretation), in the definition of "housing authority", for ", Scottish Homes or the Development Board for Rural Wales" substitute "or Scottish Homes".

Section 140.

SCHEDULE 16 Housing for Wales

The Friendly and Industrial and Provident Societies Act 1968 (c. 55)

1 In section 4A(3)(b) of the Friendly and Industrial and Provident Societies Act 1968 (societies to which power to disapply section 4 does not apply), for "Housing for Wales" substitute "the Secretary of State".

The Protection from Eviction Act 1977 (c. 43)

2 In section 3A(8) of the Protection from Eviction Act 1977 (excluded licences)--

(a) in paragraph (g), omit "or Housing for Wales", and

(b) after that paragraph insert--

" (ga) the Secretary of State under section 89 of the [1985 c. 69.] Housing Associations Act 1985; " .

The Criminal Law Act 1977 (c. 45)

3 (1) Section 12A of the Criminal Law Act 1977 (protected intending occupiers) is amended as follows.

(2) In subsection (7), omit "(c) Housing for Wales;".

(3) After that subsection insert--

" (7A) Subsection (6) also applies to the Secretary of State if the tenancy or licence is granted by him under Part III of the [1985 c. 69.] Housing Associations Act 1985. "

The Housing Act 1985 (c. 68)

4 The Housing Act 1985 has effect subject to the following amendments.

5 Subject to the following provisions, in each place (except in the phrases "Housing Corporation", "the Income and Corporation Taxes Act 1988" and "British Coal Corporation"), for "Corporation" substitute "Relevant Authority".

6 In section 5(4)(b) (meaning of "registered social landlord"), for "Housing for Wales" substitute "the Secretary of State".

7 In section 6A(1) and (2) (interpretation), for "Housing for Wales" substitute "the Secretary of State".

8 (1) Section 45 (definition of "public sector authority") is amended as follows.

(2) In subsection (2), for "Corporation" substitute "Housing Corporation or Scottish Homes".

(3) After that subsection insert--

" (2A) In subsection (1)(a) "public sector authority" also includes the Secretary of State if the freehold has been conveyed by him (or Housing for Wales) under section 90 of the [1985 c. 69.] Housing Associations Act 1985. "

9 In section 57 (index of defined expressions), omit the entry relating to "the Corporation".

10 In section 92(2A)(a) (assignments by way of exchange), omit "Housing for Wales,".

11 In section 117 (index of defined expressions)--

(a) omit the entry relating to "the Corporation", and

(b) after the entry relating to "registered social landlord" insert--

" the Relevant Authority

section 6A " .

12 In section 157(4) (restriction on disposal of dwelling-houses in National Parks etc.), after "association" insert "within section 6A(3) or (4)".

13 In section 171(2) (power to extend right to buy etc.), for "Corporation" substitute "Housing Corporation or Scottish Homes".

14 In section 188 (index of defined expressions)--

(a) omit the entry relating to "the Corporation", and

(b) after the entry relating to "regular armed forces of the Crown" insert--

" the Relevant Authority

section 6A " .

15 (1) Section 429A (housing management: financial assistance) is amended as follows.

(2) In subsection (2A), omit paragraph (b).

(3) After that subsection insert--

" (2B) The reference in subsection (2)(a) to a body within subsection (2A) includes the Secretary of State if he has the interest as the result of the exercise by him (or Housing for Wales) of functions under Part III of the [1985 c. 69.] Housing Associations Act 1985. "

16 In section 450A (loans for service charges in right to buy cases), after subsection (1) insert--

" (1A) But, except for cases where he is the landlord as the result of the exercise by him (or Housing for Wales) of functions under Part III of the [1985 c. 69.] Housing Associations Act 1985, the regulations may not contain provision for cases where the Secretary of State is the landlord. "

17 (1) Section 450B (loans for service charges) shall be amended as follows.

(2) After subsection (1) insert--

(3) After subsection (3) insert--

" (3A) For the purposes of this section a long lease granted or assigned by the Secretary of State shall only be taken to have been granted or assigned by a housing authority if the Secretary of State granted or assigned it in exercise of his powers under section 90 of the [1985 c. 69.] Housing Associations Act 1985. "

18 (1) Section 458 (definitions) is amended as follows.

(2) That section is renumbered as subsection (1) of that section and in that subsection, in the definition of "housing authority", after "includes" insert "(subject to subsection (2))".

(3) After that subsection insert--

" (2) In section 444 "housing authority" does not include the Secretary of State unless the interest in the house is or was acquired on a disposal by him under section 90 of the [1985 c. 69.] Housing Associations Act 1985; and in section 452 "housing authority" does not include the Secretary of State unless the disposal was under that section 90. "

19 In section 459 (index of defined expressions)--

(a) omit the entry relating to "the Corporation", and

(b) after the entry relating to "registered social landlord" insert--

" the Relevant Authority

section 6A " .

20 In section 577 (index of defined expressions)--

(a) omit the entry relating to "the Corporation", and

(b) after the entry relating to "reinstatement grant" insert--

" the Relevant Authority

section 6A " .

21 (1) Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) is amended as follows.

(2) In Ground 10A in Part II, for "Corporation" substitute "Housing Corporation or Scottish Homes".

(3) In paragraph 6 of Part V, for "registered social landlord, the Corporation, and not the Secretary of State," substitute "social landlord registered in the register maintained by the Housing Corporation under section 1 of the [1996 c. 52.] Housing Act 1996 or a housing association registered in the register maintained by Scottish Homes under section 3 of the [1985 c. 69.] Housing Associations Act 1985, the Housing Corporation, or Scottish Homes, (and not the Secretary of State)".

22 In paragraph 7(1) of Schedule 4 (landlords for the purposes of right to buy etc.), for "Corporation" substitute "Housing Corporation or Housing for Wales".

The Housing Associations Act 1985 (c. 69)

23 The Housing Associations Act 1985 has effect subject to the following amendments.

24 (1) Section 9 (control of dispositions of grant-aided land by unregistered housing associations) is amended as follows.

(2) In subsection (1A)(c), for "Housing for Wales" substitute "the Secretary of State".

(3) In subsection (6)--

(a) omit "or Housing for Wales", and

(b) before "Scottish Homes" insert "the Secretary of State or".

25 In section 10(1)(c) (requirement that Charity Commissioners consult before making certain orders), for "Housing for Wales" substitute "the Secretary of State".

26 In section 33A (provision of services between the Housing Corporation, Housing for Wales and Scottish Homes), for "bodies, that is to say, the Housing Corporation, Housing for Wales" substitute ", that is to say, the Housing Corporation, the Secretary of State".

27 (1) Section 69 (power to vary or terminate certain agreements with housing associations) is amended as follows.

(2) In subsection (1)(a), after "Housing for Wales" insert "and then to the Secretary of State".

(3) In subsection (2)--

(a) for "On the application of a party to an agreement to which this section applies, the Secretary of State" substitute "If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he", and

(b) at the end (but not as part of paragraph (b)) insert-- " and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated. "

(4) In subsection (2A)--

(a) after "Housing for Wales", in the first place, insert "and then to the Secretary of State", and

(b) for "Housing for Wales", in the second place, substitute "the Secretary of State".

28 Subject to the following provisions, in each place in Part III (including headings and sidenotes) except in Schedule 6 and the phrase "Housing Corporation"--

(a) for "Corporation" substitute "Relevant Authority", and

(b) for "Corporation's" substitute "Relevant Authority's".

29 (1) Section 74 (interpretation) is amended as follows.

(2) In subsection (1), for ", and Housing for Wales, each of which" substitute " and the Secretary of State.

(1A) Each of them " .

(3) In subsection (4)(a), for "Housing for Wales" substitute "the Secretary of State".

30 In section 75(5) (application of section 71 of the [1976 c. 74.] Race Relations Act 1976), for "Corporation" substitute "Housing Corporation".

31 In section 76(1), (2) and (4) (directions by the Secretary of State), for "Corporation" substitute "Housing Corporation".

32 (1) Section 76A (realisation of value of Corporation's loans portfolio) is amended as follows.

(2) In subsections (1), (2) and (4), for "Corporation" (in each place) substitute "Housing Corporation".

(3) In subsection (3) (and in the sidenote), for "Corporation's" (in each place) substitute "Housing Corporation's".

33 In section 77(3) (joint provision of advisory service by Housing Corporation and Housing for Wales), for "Housing for Wales" substitute "the Secretary of State".

34 In section 78(1) (annual report), for "Corporation" substitute "Housing Corporation".

35 (1) Section 79 (lending powers) is amended as follows.

(2) For subsections (1) and (2) substitute--

" (1) The Relevant Authority may lend to a registered social landlord or an unregistered self-build society, and the Housing Corporation may lend to any of its subsidiaries or to any other body in which it holds an interest, for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects.

(2) The Relevant Authority may lend to an individual for the purpose of enabling him to acquire from--

(a) the Relevant Authority, or

(b) any body to which the Relevant Authority may lend under subsection (1),

a legal estate or interest in a dwelling which he intends to occupy. "

(3) In subsection (4), after "and" insert "(in the case of a loan by the Housing Corporation)".

36 (1) Section 80 (security for loans to unregistered self-build societies) is amended as follows.

(2) In subsection (1), omit ", with the written consent of the Secretary of State,".

(3) In subsection (3), omit "given with the like consent".

(4) After that subsection insert--

" (3A) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation. "

(5) In subsection (4), for the words from "consent" to "or to" substitute "give directions under this section requiring a society to transfer its interest in land to him or any other person, and shall not consent to the Housing Corporation's giving such directions requiring a society to transfer its interest in land to the Housing Corporation or".

37 (1) Section 83 (power to guarantee loans) is amended as follows.

(2) For subsection (1) substitute--

" (1) The Relevant Authority may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies; and the Housing Corporation may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by other bodies in which it holds an interest. "

(3) After that subsection insert--

" (1A) The consent of the Secretary of State given with the approval of the Treasury is required for the giving of a guarantee by the Housing Corporation and the approval of the Treasury is required for the giving of a guarantee by the Secretary of State. "

(4) In subsection (3A), for "Housing for Wales" (in each place) substitute "the Secretary of State (or Housing for Wales)".

38 (1) Section 84 (agreements to indemnify certain lenders) is amended as follows.

(2) In subsection (1), omit ", with the approval of the Secretary of State,".

(3) In subsection (4), for "Secretary of State" substitute "Housing Corporation may not enter into an agreement without the approval of the Secretary of State who".

(4) In subsection (5), after "approval" insert "and before himself entering into an agreement in a form about which he has not previously consulted under this subsection".

39 In section 85(4) (meaning of "relevant advance")--

(a) for "Corporation" substitute "Housing Corporation", and

(b) at the end (but not as part of the list) insert-- " or an advance made to such a person by the Secretary of State if the conveyance, assignment or grant was made under section 90. "

40 In section 87(2) (ways in which financial assistance under the section may be given), after "giving any form of financial assistance" insert "under this section".

41 In section 88(1) (acquisition of land), for "may be authorised by the Secretary of State to" substitute "the Housing Corporation may be authorised by the Secretary of State to, and the Secretary of State may,".

42 (1) Section 90 (disposal of land) is amended as follows.

(2) In subsection (1), for the words "(ancillary development)" onwards substitute "(ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest."

(3) In subsection (2), for the words following "new town corporation" substitute " , or

Scottish Homes;

and the Housing Corporation may dispose of any such land to any of its subsidiaries. "

(4) In subsection (3), after "acquired" insert "by the Housing Corporation".

(5) In subsection (4), after "disposed of" insert "by the Housing Corporation".

(6) In subsection (5)--

(a) in paragraph (a) (in both places) and in the words following paragraph (b), for "Corporation" substitute "Housing Corporation", and

(b) in paragraph (b), after "disposed of" insert "by the Housing Corporation".

(7) In subsection (6), for "Corporation" substitute "Housing Corporation".

43 In section 91 (protection of persons deriving title under transactions requiring consent), for "Corporation" (in each place) substitute "Housing Corporation".

44 In section 92 (borrowing powers), for "Corporation" (in each place) substitute "Housing Corporation".

45 (1) Section 93 (limit on borrowing) is amended as follows.

(2) In subsections (1), (4) and (5), for "Corporation" (in each place) substitute "Housing Corporation".

(3) In subsection (2)--

(a) for "Corporation", in each place other than the last, substitute "Housing Corporation", and

(b) for "appropriate to the Corporation" substitute "specified".

(4) In subsection (2A), omit--

(a) "in the case of the Housing Corporation,", and

(b) paragraph (b) and the word "and" preceding it.

46 In section 94(1) and (4) (Treasury guarantees of borrowing), for "Corporation" substitute "Housing Corporation".

47 In section 95 (grants by Secretary of State), in subsection (1) (and in the side-note) for "Corporation" (in each place) substitute "Housing Corporation".

48 (1) Section 96 (general financial provisions) is amended as follows.

(2) In subsections (1), (2), (3) and (4), for "Corporation" (in each place) substitute "Housing Corporation".

(3) In subsections (3) and (4), for "Corporation's" substitute "Housing Corporation's".

49 In section 97(1), (2), (3) and (4) (accounts), for "Corporation" (in each place) substitute "Housing Corporation".

50 In section 98(1) (acquisition of securities and promotion of body corporate), for "Corporation" substitute "Housing Corporation".

51 In section 99(1) and (2) (control of subsidiaries), for "Corporation" (in each place) substitute "Housing Corporation".

52 In paragraph 6(2)(b) of Part I of Schedule 5 (payments by Secretary of State where dwellings become vested in certain bodies), omit "or Housing for Wales".

53 (1) Schedule 7 (powers exercisable where loan outstanding under section 2 of the [1964 c. 56.] Housing Act 1964) is amended as follows.

(2) In paragraph 2--

(a) in sub-paragraph (1), omit ", with the consent in writing of the Secretary of State,",

(b) in sub-paragraph (2), omit "given with the like consent", and

" (3) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation. "

(3) In paragraph 3--

(a) for "Corporation" (in both places) substitute "Housing Corporation", and

(b) at the end insert "; and the Secretary of State shall not give a housing association directions under paragraph 2 unless he at the same time makes, or has previously made, such a scheme."

(4) Paragraph 4 shall be renumbered as sub-paragraph (1) of that paragraph and--

(a) in that sub-paragraph, for "Corporation" (in both places) substitute "Housing Corporation", and

(b) after that sub-paragraph insert--

" (2) The Secretary of State shall not give to such an association directions under paragraph 2 requiring the association to transfer any land to the Secretary of State, or to any other person, unless he is so satisfied. "

(5) In paragraph 5--

(a) in sub-paragraph (1), for "Corporation" (in both places) substitute "Housing Corporation",

(b) after that sub-paragraph insert--

" (1A) If it so appears to the Secretary of State, he may make a scheme. " ,

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