02/06: General Consent 2006

Section 9 of the Housing Act 1996 requires the consent of the Corporation to any disposal of land by a registered social landlord (RSL, usually known as a housing association). Disposal is defined widely, so that the Corporation’s consent is required to sales, and also to mortgages and charges. This requirement exists to protect public funds, by providing a control mechanism for disposals. The Corporation’s consent under section 9 confirms to lenders and purchasers that a disposal is valid.
Section 9(2) allows the Corporation to give a general consent to allow RSLs to effect certain disposals without seeking individual consent on each occasion.
In early 2006, the Corporation was advised that it did not have the power to delegate its functions, including the giving of consent under S.9 Housing Act 1996 to committees or officers. This advice led to questions concerning the validity of previous consents given by the Corporation under S.9 Housing Act 1996 and its predecessor legislation, S.9 Housing Associations Act 1985 and S.2 Housing Act 1974.
The Corporation was advised that it should consider giving a General Consent under S.9 (2) Housing Act 1996 to apply retroactively to consents given before the absence of a power to delegate was highlighted.
The Corporation therefore conducted a consultation exercise in March 2006 to explore whether to give a General Consent in these terms.
Responses to the consultation exercise were uniformly in favour of giving a General Consent with retroactive effect. The Corporation therefore approved the attached General Consent at a meeting on 30th March 2006.
The Consent applies to all disposals carried out before 30th March 2006 where an RSL has applied for and received the consent of the Corporation.

General Consent 2006 (1743 Kb)