OpenLegislation

Section 573 Meaning of “public sector authority”.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1C2C3(1)

In this Part “public sector authority” means—

  • a local authority (or a predecessor of a local authority),

  • a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority),

  • F1a National Park authority (or a predecessor of such an authority),

  • F2. . .

  • . . .

  • F3a Welsh planning board,

  • F4the Natural Resources Body for Wales,

  • F5the National Rivers Authority

  • the F6Relevant Authority,

    F7a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider),

  • a F8registered social landlord other than a co-operative housing association (or a predecessor housing association of such a landlord),

  • a new town corporation,

  • F9. . .

  • the F10British Coal Corporation F11, the Coal Authority, or

  • the United Kingdom Atomic Energy Authority,

  • or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.

F12(1A)

For the purposes of subsection (1), “a Welsh planning board” means a board constituted under—

(a)

section 2(1B) of the Town and Country Planning Act 1990; F13. . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied—

(a)

that the affairs of the body are managed by its members, and

(b)

that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,

or if he is satisfied that it is a subsidiary of such a body.

(3)

The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals.

(4)

Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period.

(5)

If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date.

(6)

An order under this section shall be made by statutory instrument.

Annotations

Textual amendments

F1

Entry in s. 573(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 24(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F2

Entries in s. 573(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

F3

Entry in s. 573(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

F4

Entry in s. 573(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 184 (with Sch. 7)

F5

Entry substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 74(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F6

Words in s. 573(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F7

Entry in s. 573(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 36 (with art. 6, Sch. 3)

F8

Words in s. 573(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(29)

F9

Entry in s. 573(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F10

Words in s. 573(1) substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 47

F11

Words in s. 573(1) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 33 (with ss. 40(7), 66); S.I. 1994/2553, art. 2

F12

S. 573(1A) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

F13

S. 573(1A)(b) and word repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

Modifications

C1

S. 573(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)

C2

S. 573(1) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 9

C3

S. 573(1) excluded (29.6.2026) by 2011 c. 13, Sch. 10A para. 49 (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 24 (with s. 102))

Notes on Part XVI

Modifications

C1

Pt. XVI (Ss. 527–577) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61

C2

Pt. XVI (Ss. 527–577) modified by S.I. 1986/797, regs. 2, 3–18

C3

Pt. XVI (Ss. 527–577): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

Pt. XVI (ss. 527-577) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(e) (with ss. 54(5)(7), 55(5))

Pt. XVI (ss. 527-577) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(d)