Statutory Instrument 1992 No. 512

The Registered Housing Associations (Accounting Requirements) Order 1992

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© Crown Copyright 1992

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1992 No. 512

HOUSING, ENGLAND AND WALES

The Registered Housing Associations (Accounting Requirements) Order 1992

The Secretary of State for the Environment as respects England, in exercise of the powers conferred upon him by section 24(1), (2), (5) and (6) of the Housing Associations Act 1985^[1], section 55(2) of the Housing Act 1988^[2] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and revocation
    1.—(1)  This Order may be cited as the Registered Housing Associations (Accounting Requirements) Order 1992 and shall come into force on 1st April 1992.

    (2)  Subject to article 3, the Registered Housing Associations (Accounting Requirements) Order 1988^[3] and the Registered Housing Associations (Accounting Requirements) (Amendment) Order 1989^[4] are hereby revoked in so far as they apply to England.

Interpretation
    2.    In this Order, unless the context otherwise requires—
"the 1965 Act" means the Industrial and Provident Societies Act 1965^[5];
"1965 Act society" means an association which is registered under the 1965 Act;
"the 1968 Act" means the Friendly and Industrial and Provident Societies Act 1968^[6];
"the 1985 Act" means the Housing Associations Act 1985;
"accounts" mean the balance sheet, the income and expenditure account and the notes to the accounts;
"association" means a housing association which is registered in the register maintained by the Housing Corporation under the 1985 Act;
"balance sheet" means the balance sheet required for the purposes of section 39(1) of the 1965 Act^[7] or paragraph 2(1) of Schedule 3 to the 1985 Act;
"balance sheet date" means the date as at which the balance sheet was made up;
"chief executive" means the person who has overall responsibility for the running of the day to day affairs of the association;
"company" means a company registered under Part I of the Companies Act 1985^[8] and includes a company to which that Part applies by virtue of section 675 of that Act;
"director" includes the chief executive, the person occupying the position of a director by whatever name called and any member of the association;
"group" has the same meaning as in section 262(1) of the Companies Act 1985^[9];
"housing accommodation" has the same meaning as in section 252(a) of the Housing Act 1985^[10];
"housing land" means land held by an association for the purposes of providing housing accommodation (including accommodation to be provided by disposal on sale or on lease);
"income and expenditure account" means the revenue account required for the purposes of section 3(2) of the 1968 Act or paragraph 2(1)(a) of Schedule 3 to the 1985 Act;
"managing body" means—
 (a) in relation to a 1965 Act society, the committee of management or other directing body of the society;
 (b) in relation to a company the board of directors of the company;
 (c) in relation to a charity which is not a company, the trustees of the charity;


"notes to the accounts" means notes to the balance sheet or the income and expenditure account;
"period of account" means the period to which the income and expenditure account relates;
"person connected with a director of an association" means a person who would be so connected within the meaning of section 346 of the Companies Act 1985 if the association were a company;
"special needs accommodation" means accommodation which is provided for persons who are vulnerable by virtue of social disadvantage, disability or other special reason, or a hostel;
"undertaking" has the same meaning as in section 259(1) of the Companies Act 1985^[11]; and
"unit of accommodation" means, in the case of special needs accommodation, accommodation which is provided for one individual and, in any other case, a dwelling.

Application
    3.—(1)  Subject to paragraph (2), this Order applies to the accounts of every association in respect of a period of account commencing on or after 1st April 1992; and in respect of any period of account commencing before that date, the Orders revoked by this Order shall apply as if those Orders had not been revoked.

    (2)  In respect of a period of account commencing on or after 1st April 1992 and ending before 31st March 1994, the accounts of an association shall comply with the provisions of this Order or, if the association so chooses, with the provisions of the Orders revoked by this Order and in the latter case those Orders shall apply as if they had not been revoked.

Information in specified form
    4.    Any requirement in this Order to prepare information in a specified form shall be satisfied if it is prepared in a form substantially to the same effect.

[1] 1985 c. 69; section 24 was amended by the Housing Act 1988 (c. 50), Schedule 6, paragraph 17. back

[2] 1988 c. 50. back

[3] S.I. 1988/395. back

[4] S.I. 1989/327. back

[5] 1965 c. 12. back

[6] 1968 c. 55. back

[7] Section 39(1) was amended by section 11(1) of the 1968 Act. back

[8] 1985 c. 6. back

[9] Section 262 was inserted by the Companies Act 1989 (c. 40), section 22. back

[10] 1985 c. 68. back

[11] 1985 c. 6; section 259 was inserted by the Companies Act 1989 (c. 40), section 22. back

Explanatory Note