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Housing Act 1974

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This is the original version (as it was originally enacted).

26Payments by registered housing associations to members, etc.

(1)Subject to subsection (2) below, a registered housing association shall not make a gift or pay any sum by way of dividend or bonus—

(a)to any person who is or has been a member of the association; or

(b)to any person who is a member of the family of any such person as is referred to in paragraph (a) above; or

(c)to any company of which a person falling within paragraph (a) or paragraph (b) above is a director or any Scottish firm of which such a person is a member.

(2)Subsection (1) above does not apply to—

(a)any sum paid, in accordance with the rules of the assocation concerned, as interest on capital lent to the association or subscribed by way of shares in the association; or

(b)any sum which—

(i)is paid by an association whose rules restrict membership to persons who are tenants or prospective tenants of the association and preclude the granting or assignment of tenancies to persons other than members; and

(ii)is paid to a person who has ceased to be a member of the association; and

(iii)is due to that person under the terms of the agreement under which he became a member of the association.

(3)The Corporation may from time to time specify the maximum amounts which may be paid by a registered housing association, other than a registered charity which is not an exempt charity, by way of fees or other remuneration or by way of expenses to a person who is a member of the association, and different amounts may be so specified for different purposes.

(4)Where a sum which exceeds any maximum amount for the time being specified under subsection (3) above is paid to a person who is a member of the association by a registered housing association to which that subsection applies, the amount by which that sum exceeds that maximum amount shall be recoverable by the association.

(5)The Corporation may from time to time specify the conditions subject to which a member of the committee of a registered 1965 Act association may enter into a contract with the association for the provision by that member, directly or indirectly, of goods or services to the association in return for payment; and any such conditions may be so specified as to apply to particular associations, contracts or sums payable thereunder, or as to apply generally.

(6)Any sum paid to a person under a contract in contravention of any condition specified under subsection (5) above shall be recoverable by the association making the payment.

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