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Housing and Regeneration Act 2008

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This is the original version (as it was originally enacted).

146Duration of moratorium
This section has no associated Explanatory Notes

(1)The moratorium begins when the step specified in section 145 is taken.

(2)The moratorium ends (unless extended or cancelled) with the period of 28 working days beginning with the day on which the regulator receives notice under section 145(2).

(3)During a moratorium the regulator may extend it (or further extend it) for a specified period, with the consent of each secured creditor of the registered provider whom the regulator is able to locate after making reasonable enquiries.

(4)If the regulator extends a moratorium it shall notify—

(a)the registered provider,

(b)any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, and

(c)the HCA.

(5)During a moratorium the regulator may cancel it if satisfied that it is unnecessary to make proposals under section 152.

(6)Before cancelling a moratorium the regulator must consult the person who took the step that triggered it.

(7)When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—

(a)the registered provider, and

(b)such of its secured creditors as the regulator is able to locate after making reasonable enquiries.

(8)When a moratorium ends the regulator shall also give notice to the HCA.

(9)Taking a further step during a moratorium does not—

(a)start a new moratorium, or

(b)alter the existing moratorium’s duration.

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