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Housing Associations Act 1985
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Changes over time for: Section 23
Version Superseded: 01/11/2001
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1996- Amendment
- 01/10/1996
Point in time - 01/11/2001- Amendment
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Point in time view as at 01/10/1996. This version of this provision has been superseded.
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[F123 Transfer of net assets on dissolution.S
(1)Where a registered housing association F2. . .is dissolved under [F3the 1965 Act]], so much of the property of the association as remains after meeting the claims of its creditors and any other liabilities arising on or before the dissolution shall be transferred—
(a)to [F4Scottish Homes], or
(b)if [F4Scottish Homes] so directs, to such registered housing association as may be specified in the direction,
notwithstanding anything in the 1965 Act or in the rules of the association.
(2)In order to avoid the necessity for the sale of land belonging to the association, and thereby secure the transfer of the land under this section, [F4Scottish Homes] may, if it appears to it appropriate to do so, make payments to discharge such claims or liabilities as are referred to in subsection (1).
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F6. . . [F4Scottish Homes] may dispose of property transferred to it by virtue of this section to a registered housing association or to a subsidiary of [F4Scottish Homes].
(5)Where property transferred to [F7Scottish Homes]by virtue of this section includes land subject to an existing mortgage or charge (whether in favour of [F7Scottish Homes]or not), [F7Scottish Homes] may, in exercise of its powers [F8under section 2(2)(h) of the Housing (Scotland) Act 1988], dispose of the land either—
(a)subject to that mortgage or charge, or
(b)subject to a new mortgage or charge in favour of [F7Scottish Homes] securing such amount as appears to [F7Scottish Homes] to be appropriate in the circumstances.
Textual Amendments
F1S. 23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt.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.)
F2Words in s. 23(1) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))
F3Words in s. 23(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(a)
F4Words in s. 23(1)(2)(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(b)
F5S. 23(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))
F6Words in s. 23(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))
F7Words in s. 23(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(c)(i)
F8Words in s. 23(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(15)(c)(ii)
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