Housing Act 1996

Availability of powers in relation to registered charities. E+W

28 (1) The [F1 Relevant Authority] may exercise its powers under paragraphs 20 to 26 in relation to a registered charity only if the charity has, at any time before the powers are exercised— E+W

(a) received financial assistance under section 24 of the M1 Local Government Act 1988 (assistance for privately let housing accommodation),

(b) had property transferred to it on a qualifying disposal under section 135 of the M2 Leasehold Reform, Housing and Urban Development Act 1993, or

(c) received a grant or loan under any of the following provisions.

(2) The provisions are—

• section 18 of this Act (social housing grant),

• section 22 of this Act or section 58 of the M3 Housing Associations Act 1985 (grants or loans by local authorities),

• section 50 of the M4 Housing Act 1988, section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),

• section 51 of the Housing Act 1988 or section 54 or 55 of the Housing Associations Act 1985 (revenue deficit grant or hostel deficit grant),

• section 79 of the Housing Associations Act 1985 (loans by [F2 Relevant Authority]),

• section 31 of the M5 Housing Act 1974 (management grants), or

• any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).

(3) In relation to a registered charity paragraphs 20 to 26 have effect with the following adaptations—

(a) references to its affairs are confined to its housing activities and such other activities (if any) as are incidental to or connected with its housing activities;

(b) references to its accounts do not include revenue accounts which do not relate to its housing activities, except so far as such accounts are necessary for the auditing of revenue accounts which do so relate or of the balance sheet;

(c) a person is a qualified auditor for the purpose of paragraph 22 (extraordinary audit) only if he is an auditor qualified for the purposes of paragraph 18 (accounting and audit requirements for charities).

(4) The [F1 Relevant Authority] shall notify the [F3 Charity Commission] upon the exercise in relation to a registered charity of its powers under—

(a) paragraph 20(1) (inquiry into affairs of registered social landlord),

(b) paragraph 23(2)(a) (interim suspension of person in connection with misconduct or mismanagement), or

(c) paragraph 24(2)(a) or (b) (removal of person in connection with misconduct or mismanagement or suspension with a view to removal).

Textual Amendments

F1 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F2 Words in Sch. 1 para. 28(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(8) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F3 Words in Sch. 1 para. 28(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(5); S.I. 2007/309, art. 2, Sch.

Marginal Citations

M1 1988 c. 9.

M2 1993 c. 28.

M3 1985 c. 69.

M4 1988 c. 50.

M5 1974 c. 44.

29 E+W The [F4 Relevant Authority] may not exercise its powers under paragraph 27 in relation to a registered charity.

Textual Amendments

F4 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.