- Latest available (Revised)
- Point in Time (24/09/1996)
- Original (As enacted)
Version Superseded: 01/10/1996
Point in time view as at 24/09/1996. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Housing Associations Act 1985, Cross Heading: Registration.
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(1)A register of housing associations shall be maintained by [F1each of the Corporations] and shall be open to inspection at the head office of the Corporation [F2by which it is maintained] at all reasonable times.
[F3(1A)In this Act “register”, in relation to the Corporation, means the register maintained by the Corporation under this section.]
(2)In this Act “registered” and “unregistered”, and other references to registration, in relation to a housing association, refer to registration in the register . . . F4.
Textual Amendments
F1Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 3(1)(a)
F2Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 3(1)(b)
F4Words repealed by Housing Act 1988 (c. 50, SIF 61), ss. 59(2)(3)(4), 140(2), Sch. 6 Pt. 1 para. 3(3), Sch. 18
Valid from 01/11/2001
Textual Amendments
F5S. 4 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)
(1)The [F6Corporation] register any housing association which is eligible for registration but—
(a)the Corporation shall establish criteria which should be satisfied by a housing association seeking registration, and
(b)in deciding whether to register an association the Corporation shall have regard to whether it satisfies those criteria.
[F7(2)Nothing in subsection (1) shall require the Corporations to establish the same criteria; and each of them may vary any criteria established by it under that subsection.]
(3)As soon as may be after registering a housing association the Corporation shall give notice of the registration—
(a)if the association is a registered charity, to the Charity Commissioners, or
(b)if the association is a society registered under the 1965 Act, to the appropriate registrar,
who shall record the registration.
[F8(4)Where at any time a body is, or was, on a register maintained under section 3, then, for all purposes other than rectification of that register, the body shall be conclusively presumed to be, or to have been, at that time a housing association eligible for registration in that register.]
Textual Amendments
F6Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2
F7S. 5(2) substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 4(1)
F8S. 5(4) substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 4(2)
(1)A body which has been registered shall not be removed from the register except in accordance with this section.
(2)If it appears to the [F9Corporation] that a body which is on the register—
(a)is no longer a housing association eligible for registration, or
(b)has ceased to exist or does not operate,
the Corporation shall, after giving the body at least 14 days’ notice, remove it from the register.
(3)In the case of a body which appears to the Corporation to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to the Corporation to be the principal place of business of the body.
(4)A body which is registered may request the Corporation to remove it from the register if it has not at any time received—
[F10(a)a grant under section 41 (housing association grants),
(b)a grant under section 54 (revenue deficit grants),
(c)any such payment or loan as is mentioned in paragraph 2 or paragraph 3 of Schedule 1 (grant-aided land),
(d)a grant or a loan under section 2(2) of the Housing (Scotland) Act 1988,
(e)a grant under section 50 of the Housing Act 1988 (housing association grants), or
(f)a grant under section 51 of that Act (revenue deficit grants)]
and the Corporation may, if it thinks fit, do so.
(5)As soon as may be after removing a body from the register the Corporation shall give notice of the removal—
(a)if the body is a registered charity, to the Charity Commissioners,
(b)if the body is a society registered under the 1965 Act, to the appropriate registrar,
who shall record the removal.
Textual Amendments
F9Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2
F10S. 6(4)(a)–(f) substituted for s. 6(a)–(c) by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 5
(1)A body which is aggrieved by a decision of the [F11Corporation] to remove it from the register may appeal against the decision
[F12(a)where it is a decision of Scottish Homes, to the Court of Session; and
(b)in any other case, to the High Court].
(2)If an appeal is brought the Corporation shall not remove the body concerned from the register until the appeal has been finally determined or is withdrawn.
(3)As soon as may be after an appeal is brought the Corporation shall give notice of the appeal—
(a)if the body concerned is a registered charity, to the Charity Commissioners, or
(b)if the body concerned is a society registered under the 1965 Act, to the appropriate registrar.
Textual Amendments
F11Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2
F12Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 6
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