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(1)In this Act “housing association” means a society, body of trustees or company—
(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and
(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital [F1;]
[F2[F3but does not include Scottish Homes.]]
(2)In this Act “fully mutual”, in relation to a housing association, means 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;
and “co-operative housing association” means a fully mutual housing association which is a society registered under the M1Industrial and Provident Societies Act 1965 [F4(in this part referred to as “the 1965 Act”)] .
(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.
Textual Amendments
F1Words added by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 6
F2Words in s. 1(1) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(2); S.S.I. 2001/336, art. 2(3) (with transitional provisions and savings in art. 3)
F3Words added by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 6
F4Words in s. 1(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))
Marginal Citations
In this Act “housing trust” means a corporation or body of persons which—
(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or
(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.
Textual Amendments
F5S. 2A repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))
In this Act, unless the context otherwise requires—
“registered housing association” means a housing association registered in the register [F7of social landlords maintained under [F8section 20(1) of the Housing (Scotland) Act 2010 (asp 17)]],
[F9“registered social landlord” has the same meaning as in Part I of the Housing Act 1996, and]
[F10“unregistered”, in relation to a housing association, means [F11not] registered in the register of social landlords maintained under [F12section 20(1) of the Housing (Scotland) Act 2010 (asp 17)].]
[F10“unregistered”, in relation to a housing association, means—
not registered as a provider of social housing under Part 2 of the Housing and Regeneration Act 2008,
not registered as a social landlord under Part 1 of the Housing Act 1996, and
not registered as a social landlord under [F13Part 2 of the Housing (Scotland) Act 2010 (asp 17)].]]
Textual Amendments
F6S. 2B inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(2)
F7Words in s. 2B substituted (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(c), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)
F8Words in s. 2B substituted (S.) (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012 (S.S.I. 2012/38), art. 1, Sch. para. 1(a)
F9Words in s. 2B repealed (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(b), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)
F10Words in s. 2B substituted (E.W.) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 40 (with art. 6, Sch. 3)
F11Word in s. 2B substituted (S.) (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012 (S.S.I. 2012/38), art. 1, Sch. para. 1(b)(i)
F12Words in s. 2B substituted (S.) (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012 (S.S.I. 2012/38), art. 1, Sch. para. 1(b)(ii)
F13Words in s. 2B substituted (E.W.) (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 1(3), Sch. para. 2