Housing Act 1985

[F1 51 Meaning of “qualified accountant”. E+W

(1) The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

[F2 (2) a person has the necessary qualification only if he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]

(4) The following are disqualified from acting—

[F3 (a) where the payee is a company, the payee or any associated company of the payee;]

(b) an officer or employee of the payee or, where the payee is a company, of an associated company;

(c) a person who is a partner or employee of any such officer or employee.

(5) For the purposes of [F4 subsection (4)(a) and (b).] a company is associated with the payee company if it is (within the meaning of section 736 of the Companies Act 1985) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.

(6) Where the payee is a local authority, a new town corporation or the Development Board for Rural Wales—

(a) the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b) subsection (4)(b) (disqualification of officers and employees) does not apply.]

Textual Amendments

F1 Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F2 S. 51(2) substituted (1.10.1991) for s. 51(2)(3) by S.I. 1991/1997, reg. 2, Sch. para. 58(a)

F3 S. 51(4)(a) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(b)

F4 Words in s. 51(5) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(c)

Modifications etc. (not altering text)

C1 Ss. 45-51 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C2 Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

C3 S. 47, 48, 50, 51, Pt. IV(ss. 79-117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61