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 [F3 statutory auditor under Part 42 of the Companies Act 2006].]

(4) The following are disqualified from acting—

[F4 (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 [F5 subsection (4)(a) and (b).] a company is associated with the payee company if it is (within the meaning of [F6 section 1159 of the Companies Act 2006]) 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 [F7 or a [F8 development] corporation]—

(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F1 Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)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 Words in s. 51(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 1(hh) (with arts. 6, 11, 12)

F4 S. 51(4)(a) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(b)

F5 Words in s. 51(5) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(c)

F6 Words in s. 51(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(4)} (with art. 10)

F7 Words in s. 51(6) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 9 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F8 Words in s. 51(6) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 8 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

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