Corporation Tax Act 2010

645 Tests to be satisfied by the association

(1) The authority mentioned in section 644(1) or (2) must not approve a housing association unless it is satisfied that the association satisfies each of tests A to E.

(2) Test A is that the association is—

(a) a housing association within the meaning of the Housing Associations Act 1985 (see section 1(1) of that Act), or

(b) a housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1725 (N.I. 15)) (see Article 3 of that Order).

(3) Test B is that the association is a society registered or treated as registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)).

(4) Test C is that the rules of the association—

(a) restrict membership to persons who are tenants or prospective tenants of the association, and

(b) preclude the granting or assignment of tenancies to persons other than members.

(5) Test D is that the association satisfies any other requirements prescribed by—

(a) the Secretary of State as regards England and Scotland,

(b) the Welsh Ministers as regards Wales, or

(c) the Department for Social Development as regards Northern Ireland.

(6) Test E is that the association will comply with any conditions that may be prescribed by—

(a) the Secretary of State as regards England and Scotland,

(b) the Welsh Ministers as regards Wales, or

(c) the Department for Social Development as regards Northern Ireland.