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The Housing (Northern Ireland) Order 1992

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This is the original version (as it was originally made).

Restrictions on exercise of certain powers of registered housing associations

29.—(1) The provisions of this Article apply in relation to a registered housing association, the registration of which by the Department has been recorded by the registrar under Article 18(2), and references in the following provisions of this Article to a registered housing association shall be construed accordingly.

(2) The registrar shall not register a special resolution, as defined in section 59(2) of the Act of 1969, which is passed by a registered housing association for the purposes of section 59 or 60 of that Act (amalgamation of societies and transfer of engagements between societies) unless, together with the copy of the special resolution sent to him as mentioned in section 59(4) of that Act, there is sent a copy of the Department’s consent to the amalgamation or transfer concerned.

(3) Section 61 of the Act of 1969 (power of registered society to convert itself into, or to transfer its engagements to, a company registered under the Companies (Northern Ireland) Order 1986(1)) shall not apply to a registered housing association.

(4) If, in pursuance of section 64(a) of the Act of 1969, a registered housing association resolves by special resolution, as defined in Article 386 of the Companies (Northern Ireland) Order 1986, that it be wound up voluntarily, the resolution shall not have effect for the purposes of that Act as a resolution for voluntary winding up unless—

(a)before the passing of the resolution the Department has given its consent to the passing of the resolution, and

(b)together with the copy of the resolution required to be forwarded to the registrar under Article 388 of the Companies (Northern Ireland) Order 1986 (as that section has effect by virtue of the said section 64(a)) there is forwarded a copy of the Department’s consent.

(5) If, in pursuance of section 64(b) of the Act of 1969, a registered housing association is to be dissolved by an instrument of dissolution, the registrar shall neither register that instrument, as required by section 67(5) of that Act, nor cause notice of the dissolution to be advertised as mentioned in section 67(6) unless, together with the instrument of dissolution required to be sent to him under section 67(4), there is sent a copy of the Department’s consent to the making of that instrument.

(6) Section 9 of the Act of 1969 shall have effect in relation to a registered housing association as if—

(a)in subsection (1) after the words “shall not be valid” there were inserted the words “without the consent of the Department of the Environment nor” and after paragraph (b) there were inserted the words “and there shall also be sent with the copies of the amendment a copy of the consent of the Department of the Environment under this subsection”; and

(b)in subsection (2) at the end of the words preceding the paragraphs there were inserted the words “notice of any such change shall be sent to the Department of the Environment and”.

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