PART VII

Exercise and Default in Exercise of Functions under this Act

109. —(1) A housing authority may perform any of their functions under this Act outside their functional area.

(2) Where a housing authority intend to perform a function in the functional area of another housing authority, the authority by whom the function is intended to be performed and the other authority may make and carry out an agreement in relation to the function, and where an agreement is made under this section the parties to the agreement may terminate it at any time if they so agree.

(3) The making of an agreement under this section shall be a reserved function.

110. —(1) A housing authority may, if they think fit—

(a) establish a committee consisting of such number of their members as they may think fit for purposes connected with the performance of any of their functions under this Act,

(b) make and carry out an agreement with another housing authority to establish a committee (in this section referred to as a joint committee) in accordance with subsection (2) of this section, consisting of so many persons as the parties to the agreement think fit, for purposes connected with the functions under this Act which are common to both parties to the agreement.

(2) Every joint committee shall be composed either wholly of persons who are members of an authority who are a party to the relevant agreement under subsection (1) of this section or partly of persons who are and partly of persons who are not members of such an authority, provided that in case the joint committee is composed both of persons who are and persons who are not members of such an authority, the members of the joint committee who are not members of such an authority, shall not exceed in number one-third of the total number of members of the joint committee.

(3) The parties to an agreement under subsection (1) of this section may include in the agreement provisions relating to the sharing of the cost of performing the functions under this Act to which the agreement relates, and may carry out any such provisions.

(4) Where any agreement has been made under this section, the parties thereto may terminate the agreement at any time if they so agree.

111. —(1) Whenever the Minister is of opinion that a housing authority have failed to perform any of their functions under this Act, or have failed to perform any such function in a satisfactory manner, he may by order require the authority to perform the function, and the Minister may, if he thinks fit, specify in the order the manner in which or the time or times within which the function is to be performed or both such manner and such time or times, and if the authority fail to comply with such a requirement of the order or fail to comply with a requirement in a satisfactory manner, the Minister may by a further order invest himself with and perform such of the said functions of the authority as may be necessary to remedy the failure.

(2) Where the Minister is of opinion that it would be more convenient that any function under this Act which may be performed by him by virtue of an order under subsection (1) of this section, should be performed, whether generally or in a particular case, by a housing authority or by a person, he may—

(a) require the authority to perform the function,

(b) make an agreement with the person for the performance of the function by him on the Minister's behalf,

and thereupon the function shall become performable by the authority or the person, as may be appropriate, as if the authority or the person, as the case may be, were the housing authority in respect of whose function under this Act the order was made.

(3) The Minister may by order vest in and transfer to a housing authority in respect of any of whose functions under this Act an order has been made under subsection (1) of this section any property, debt or liability acquired or incurred in the performance of the function by the Minister or on his behalf, and such property, debt or liability shall vest and attach accordingly.

(4) Nothing in this section shall be construed as enabling a person to acquire land otherwise than by agreement.