Part 13Other special types of company etc

Chapter 7Co-operative housing associations

645Tests 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 F1

a

a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or

b

a society registered or treated as registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.

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.