Commentary on Sections The Homes and Communities Agency and other bodies Section 31: Property etc transfers to the HCA
163.This section inserts new sections into the HRA 2008 and the GLAA 1999.
164.HRA 2008: The section inserts new sections 53A (other property etc transfers to the HCA) and 53B (tax consequences of transfers under section 53A) after section 53 of the HRA 2008. Section 51 of the HRA 2008 allows the Secretary of State to make schemes for the transfer to the HCA of the property, rights and liabilities of the Urban Regeneration Agency, the Commission for New Towns or a Minister of the Crown. New section 53A of the 2008 Act empowers the Secretary of State to make schemes for the transfer to the HCA of the property, rights and liabilities of a public body or a description of public bodies which is specified by the Secretary of State in regulations. Transfer to the HCA will only take place with the transferring body’s consent. For these purposes, ‘a public body’ is defined as a person or body with functions of a public nature. The bodies which will be specified are intended to be arm’s length bodies of government departments such as non-departmental public bodies. Subsection (6) explicitly prevents any part of the Public Forest Estate from being transferred to the HCA by a scheme made under the new section.
165.GLAA 1999: This section inserts new sections 333DA (transfer of property to the GLA or a company or body through which the GLA exercises functions in relation to housing or regeneration), 333DB (provision that may be made by a transfer scheme) and 333DC (tax consequences of transfers under section 333DA). New section 333DA empowers the Secretary of State to make schemes for the transfer to the GLA of property, rights and liabilities of a public body or a description of public bodies which is specified by the Secretary of State in regulations. Transfer to the GLA will only take place if the transferring body has given consent. The transfer of any public forest is excluded from any scheme made under new section 333DA.
166.New section 53B of the HRA 2008 enables the Treasury to make regulations which provide for the tax consequences of transfers under new section 53A. New section 333DC of the GLAA 1999 enables the Treasury to make regulations which provide for the tax consequences of transfers under new section 333DA.