The Housing (Northern Ireland) Order 1992

PART II N.I. HOUSING ASSOCIATIONS

Part II: Interpretation N.I.

3.  In this Part—

• “the Act of 1969” means [F1 the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969] F2 ;

• “charity” has the same meaning as in the Charities Act (Northern Ireland) 1964F3 ;

• “committee” has the same meaning as in section 101(1) of the Act of 1969;

• [F4 “company” means a company registered under the Companies Act 2006;]

• “equity-sharing lease” has the meaning given in Article 31(6)(a) of the Order of 1981;

• “housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in—

  (a)

  paragraph (a) of the definition of “housing association”, or

  (b)

  paragraphs (2) to (4) of Article 15;

• “housing association” means a society, body of trustees or company—

  (a)

  which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of housing accommodation, and

  (b)

  which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Department of Finance and Personnel, whether with or without differentiation between share and loan capital;

• “housing trust” means a corporation or body of persons which—

  (a)

  is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

  (b)

  is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation;

• “registrar” means the Registrar for the purposes of the Act of 1969;

• “registered” means registered in the register of housing associations maintained under Article 14;

• “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, houses built or improved principally with the use of its members' own labour;

• “society” means a society registered under the Act of 1969;

• “unregistered self-build society” means a self-build society which is not a registered housing association; and

• “voluntary organisation” means an organisation whose activities are not carried on for profit.

F1 Words in art. 3 substituted (6.4.2018) by Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016 (c. 16), s. 17(2), Sch. 1 para. 26; S.R. 2017/217, art. 2(d)

F2 1969 c.24 (N.I.)

F3 1964 c.33 (N.I.)

F4 Art. 3: definition of "company" substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 138(2) (with art. 10)