Part 8Registered social landlords: organisational change etc.
Companies: restructuring and winding up
100AF1Restructuring by company: proposed restructuring
1
F3Subsections (2) and (3) apply where—
a
a court order is made in respect of the company under section 896 of the Companies Act 2006,
b
the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 900(1) of that Act, F4...
F5c
the restructuring will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and
d
the company is not being wound up and is not in administration.
2
The company must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring.
3
Sections 115 to 120 apply in relation to a proposed restructuring to which F6this subsection applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—
b
before the meeting summoned by the court order under section 896 of the Companies Act 2006 takes place,
F24
Subsections (5) and (6) apply where—
a
a court order is made in respect of the company under section 901C(1) of the Companies Act 2006,
b
the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 901J(1) of that Act,
c
the restructuring will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and
d
the company is not being wound up and is not in administration.
5
The company must comply with sections 115 to 120 (as applied by subsection (6)) in relation to the proposed restructuring.
6
Sections 115 to 120 apply in relation to a proposed restructuring to which this subsection applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—
b
before the meeting summoned by the court order under section 901C of the Companies Act 2006 takes place,