The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions) Order 2010

Insolvency etc

Insolvency etc

26.  (1)  The insolvency provisions continue to apply on and after the commencement date in relation to any case where a notice under section 40(1) or 41(1) of the 1996 Act (notices to the relevant authority) was given before the commencement date in relation to an English registered social landlord.

(2) In their application by virtue of sub-paragraph (1), the insolvency provisions have effect—

(a)without any amendments or repeals of them brought into force by this Order,

(b)as if the 2008 Order were not revoked,

(c)as if references to registered social landlords—

(i)in relation to times, circumstances or purposes before the commencement date, related only to English registered social landlords, and

(ii)in relation to times, circumstances or purposes on and after the commencement date, were references to private registered providers of social housing,

(d)as if the reference in section 42(3) of the 1996 Act (moratorium on disposal of land etc.) to section 10(1), (2) or (3) were a reference to section 173 of the 2008 Act (exceptions), and

(e)as if, in article 5 of the 2008 Order, the reference to a direction under section 27(2)(b) of the 1996 Act (recovery etc. of social housing grant) included a reference to a direction under section 32(4) of the 2008 Act (recovery etc. of social housing assistance).

(3) In this paragraph “the insolvency provisions” means sections 39 to 50 of the 1996 Act (insolvency etc. of registered social landlord) and any other enactment, instrument or other document so far as it has effect under or otherwise in connection with those sections.

Moratorium – limitations on grant recovery

27.  Section 148(1)(a) of the 2008 Act (effect of moratorium) has effect on and after the commencement date as if the reference to a direction under section 32(4) of that Act included a reference to a direction under section 27(2)(b) of the 1996 Act (as that section is saved by this Order).