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- Point in Time (01/10/1994)
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Version Superseded: 01/10/1996
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There are currently no known outstanding effects for the Housing Associations Act 1985, Section 15.
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(1)A registered housing association which is a society registered under the 1965 Act shall not make a payment or grant a benefit to—
(a)a committee member (including a co-opted member), officer or employee of the association, or
(b)a person who at any time within the preceding twelve months has been a person within paragraph (a), or
(c)a close relative of a person within paragraph (a) or (b), or
(d)a business trading for profit of which a person falling within paragraph (a), (b) or (c) is a principal proprietor or in the management of which such a person is directly concerned,
except as permitted by this section [F1or by section 15A of this Act].
(2)The following are permitted—
(a)payments made or benefits granted to an officer or employee under his contract of employment with the association;
(b)the payment of expenses to a committee member (including a co-opted member) or to an officer of the association who does not have a contract of employment with the association;
(c)any such payment as may be made in accordance with section 13(2) (interest payable in accordance with the rules and certain sums payable by a fully mutual housing association to a person who has ceased to be a member);
(d)the grant or renewal of a tenancy by a co-operative housing association;
(e)where a tenancy of a house has been granted to, or to a close relative of, a person who later became a committee member (including a co-opted member), officer or employee, the grant to that tenant of a new tenancy, whether of the same or another house.
[F2(f)except in the case of housing associations registered in the register maintained by Scottish Homes, payments made or benefits granted by an association in such class or classes of case as may be specified in a determination made by the Corporation with the approval of the Secretary of State;
(g)in the case of housing associations registered in the register maintained by Scottish Homes, payments made or benefits granted by such an association with the approval of Scottish Homes (which approval may be given only in relation to a class or classes of case).]
[F3[F4(2A)]The Housing Corporation and Housing for Wales may make different determinations for the purposes of subsection (2)(f ) above and, before making such a determination, the Corporation shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination the Corporation shall publish the determination in such manner as it considers appropriate for bringing it to the notice of the associations concerned.]
(3)Where an association pays a sum or grants a benefit in contravention of this section, the association may recover the sum or the value of the benefit, and proceedings for its recovery shall be taken by the association if the [F5Corporation] so directs.
Textual Amendments
F1Words added (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(3)
F2S. 15(2)(f)(g) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 9(1)
F4Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 111
F5Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2
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