Search Legislation

Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

PART 2Restructuring and dissolution: removal of consent requirements etc

22The Housing and Regeneration Act 2008 is amended as follows.

23In section 115 (profit-making and non-profit organisations), in subsection (9), after “non-profit organisation” insert “or vice versa”.

24For section 160 substitute—

160Company: arrangements and reconstructions

(1)This section applies to a non-profit registered provider which is a registered company.

(2)The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986.

(3)The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement).

(4)An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.

(5)The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).

(6)The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.

25For section 161 substitute—

161Company: conversion into registered society

(1)This section applies to a non-profit registered provider which is a registered company.

(2)The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society.

(3)The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified.

(4)The regulator must decide whether the new body is eligible for registration under section 112.

(5)If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation.

(6)If the new body is not eligible for registration, the regulator must notify it of that fact.

(7)Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation.

26For section 163 substitute—

163Registered society: restructuring

(1)This section applies to a non-profit registered provider which is a registered society.

(2)The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4).

(3)The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

(4)The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions—

(a)section 109 (amalgamation of societies);

(b)section 110 (transfer of engagements between societies);

(c)section 112 (conversion of society into a company etc).

(5)The regulator must decide whether the body created or to whom engagements are transferred (“the new body”) is eligible for registration under section 112.

(6)If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation.

(7)If the new body is not eligible for registration, the regulator must notify it of that fact.

(8)Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation.

27In section 165 (registered society: dissolution), for subsection (2) substitute—

(2)The registered provider must notify the regulator.

(3)The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

28Omit section 166 (winding up petition by regulator).

29After section 169 insert—

Notification of constitutional changes

169ARegistered societies: change of rules

A non-profit registered provider that is a registered society must notify the regulator of any change to the society’s rules.

169BCharity: change of objects

The trustees of a registered charity that is a non-profit registered provider must notify the regulator of any amendment to the charity’s objects.

169CCompanies: change of articles etc

A non-profit registered provider that is a registered company must notify the regulator of—

(a)any amendment of the company’s articles of association,

(b)any change to its name or registered office.”

Directions about notifications

169DDirections about notifications

(1)The regulator may give directions about—

(a)the period within which notifications under sections 160 to 165 or 169A to 169C must be given by private registered providers;

(b)the content of those notifications.

(2)The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to 169C.

(3)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, particular kinds of notification requirement or in any other way).

(4)A direction dispensing with a notification requirement may include conditions.

(5)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.

30In section 192 (overview), omit paragraph (c).

31Omit sections 211 to 214 and the italic heading before section 211 (constitutional changes to non-profit providers).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources