OpenLegislation

Section 35 Duty to give financial assistance in respect of certain disposalsI1C1

England and Wales

F1(1)

The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180.

F2(2)

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

(3)

The amount of the grant given by virtue of subsection F3(1) to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.

(4)

The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(5)

The HCA must specify—

(a)

the procedure to be followed in relation to applications for a grant by virtue of this section,

F4(b)

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

(c)

the manner in which, and time or times at which, a grant by virtue of this section is to be paid,

(d)

any other terms or conditions on which such a grant is given.

(6)

In this section—

  • “dwelling” has the same meaning as in Part 2,

  • “F5private registered provider of social housing” includes a person falling within section 180(3),

  • “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,

  • “relevant provider of social housing” means—

    1. (a)

      a F6private registered provider of social housing, or

    2. (b)

      a registered social landlord,

  • “tenant” has the same meaning as in Part 2.

Annotations

Textual amendments

F1

S. 35(1) substituted (26.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 67(2), 216(3); S.I. 2016/609, reg. 2

F2

S. 35(2) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(3), 216(3); S.I. 2016/609, reg. 2

F3

Word in s. 35(3) substituted (26.5.2016) by Housing and Planning Act 2016 (c. 22), s. 67(4); S.I. 2016/609, reg. 2

F4

S. 35(5)(b) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(5), 216(3); S.I. 2016/609, reg. 2

F5

Words in s. 35(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(3)(a)

F6

Words in s. 35(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(3)(b)

Modifications

C1

Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement

I1

S. 35 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)