Section 44 Grant conditions: introductory.I1

England and Wales

(1)

F1Sections 51 and 52 have effect with respect to the conditions to be observed where an application for a grant has been approved by a local housing authority.

In this Chapter a “grant condition” means a condition having effect in accordance with F2either of those sections.

(2)

Except as otherwise provided—

(a)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

a grant condition imposed under section 52 (power to impose other conditions with consent of Secretary of State) has effect for such period as may be specified in, or in accordance with, the Secretary of State’s consent.

(3)

In this Chapter—

(a)

the “grant condition period” means the period of five years, or such other period as the Secretary of State may by order specify or as may be imposed by the local housing authority with the consent of the Secretary of State, beginning with the certified date; and

(b)

the “certified date” means the date certified by the local housing authority as the date on which the execution of the eligible works is completed to their satisfaction.

(4)

A local housing authority may not impose any condition requiring a grant to be repaid except in accordance with F5sections 51 and 52.

This applies whether the condition purports to operate as a condition of the grant, as a personal covenant or otherwise.

Annotations

Textual amendments

F1: Words in s. 44(1) substituted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 19(a)(i) (with art. 11(2))
F2: Word in s. 44(1) substituted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 19(a)(ii) (with art. 11(2))
F3: S. 44(2)(a) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 19(b), Sch. 6 (with art. 11(2))
F4: S. 44(2)(b) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 19(b), Sch. 6 (with art. 11(2))
F5: Words in s. 44(4) substituted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 19(c) (with art. 11(2))

Commencement

I1: S. 44 wholly in force; s. 44 not in force at Royal Assent see s. 150; s. 44 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 44 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Notes on Chapter I

Modifications

C1: Pt. I Ch. I (ss. 1-59) excluded (17.12.1996) by S.I. 1996/2890, reg. 3(1)
C2: Pt. I Ch. I modified (temp.) (E.) (coming into force in accordance with regs. 1(2)-(4), 3 of the amending S.I.) by The Disabled Peoples Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862), reg. 23, Sch. 2 (with reg. 22)