Search Legislation

Housing Associations Act 1985

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Accounts and audit

 Help about opening options

Version Superseded: 01/11/2001

Status:

Point in time view as at 01/10/1996.

Changes to legislation:

There are currently no known outstanding effects for the Housing Associations Act 1985, Cross Heading: Accounts and audit. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Accounts and auditE+W+S

[F124 General requirements as to accounts and audit.S

(1)The Secretary of State may by order lay down accounting requirements for registered housing associations with a view to ensuring that the accounts of every registered housing association—

(a)are prepared in the requisite form, and

(b)give a true and fair view of the state of affairs of the association, so far as its housing activities are concerned, and of the disposition of funds and assets which are, or at any time have been, in its hands in connection with those activities.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The accounts of every registered housing association shall comply with the requirements laid down under this section; and the auditor’s report shall state, in addition to any other matters which it is required to state, whether in the auditor’s opinion the accounts do so comply.

(4)Every registered housing association shall furnish to [F3Scottish Homes]]a copy of its accounts and auditor’s report within six months of the end of the period to which they relate.

(5)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas [F4or for different descriptions of housing associations or housing activities], and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

and the provisions of such an order shall not apply in relation to a period beginning before the day on which the order comes into force.

[F5(6)For the purposes of subsection (5)(a), descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.]

Textual Amendments

F1S. 24 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F3Words in s. 24(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

[F625 Appointment of auditors by associations registered under the 1965 Act.S

Section 4(1) of the M1Friendly and Industrial and Provident Societies Act 1968 (obligation to appoint qualified auditors to audit accounts and balance sheet for each year of account) applies to every registered housing association F7. . ., without regard to the volume of its receipts and payments, the number of its members or the value of its assets.]

Textual Amendments

F6S. 25 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F7Words in s. 25 repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

Marginal Citations

26 Accounting requirements for registered housing associations not within the 1965 Act.S

(1)A registered housing association which is a registered charity shall, in respect of its housing activities (and separately from its other activities, if any) be subject to the provisions of Schedule 3 (which impose accounting and audit requirements corresponding to those imposed by the M2Friendly and Industrial and Provident Societies Act 1968).

(2)But this does not affect any obligation of the charity under [F8sections 41 to 45 of the Charities Act 1993 (charity accounts)].

Textual Amendments

F8S. 26 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Marginal Citations

[F927 Responsibility for securing compliance with accounting requirementsS

(1)Every responsible person, that is to say, every person who—

(a)is directly concerned with the conduct and management of the affairs of a registered housing association, and

(b)is in that capacity responsible for the preparation and audit of accounts,

shall ensure that section 24 (general requirements as to accounts) [F10is]]complied with by the association.

(2)If—

(a)section 24(4) (furnishing of accounts and auditor’s report) is not complied with, or

(b)the accounts furnished to [F11Scottish Homes]under that provision do not comply with the accounting requirements laid down under section 24(1), or

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(d)section 55(9) of the Housing Act 1988 is not complied with]

every responsible person, and the association itself, commits a summary offence and is liable on conviction to a fine not exceeding level 3 on the standard scale.

(3)It is a defence—

(a)for a responsible person to prove that he did everything that could reasonably have been expected of him by way of discharging the duty imposed by subsection (1);

(b)for an association to prove that every responsible person did everything that could reasonably have been expected of him by way of discharging the duty imposed by subsection (1) in relation to the association.

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9S. 27 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F10Words in s. 27(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(16)(a)

F11Words in s. 27(2)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(16)(b)

F12S. 27(2)(c)(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. II (with art. 4(2)(3)

[F14[F1527A Power of [F16Scottish Homes] to monitor associations.S

(1)If at any time required to do so by [F17Scottish Homes],—

(a)a registered housing association shall produce to a person authorised in that behalf by [F17Scottish Homes]such books, accounts and other documents relating to the association’s business as may be specified by [F17Scottish Homes]; and

(b)any officer, employee or member of the committee of the registered housing association shall provide an explanation of any such books, accounts and other documents.

(2)Where, by virtue of subsection (1), any books, accounts or other documents are produced to a person authorised in that behalf by [F17Scottish Homes], he may take copies of or make extracts from them.

F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F14S. 27A repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F16S. 27A: words in sidenote substituted (1.10.1996) by virtue of S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F17Words in s. 27A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources