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Housing and Regeneration Act 2008

Section 159 - Applications to court

455.This section broadly replicates the effect of section 50 of the 1996 Act.

456.Subsection (1) gives the registered provider the right to apply to the High Court where it thinks that an action taken by a manager appointed under section 159 is not in accordance with agreed proposals.

457.Subsection (2) gives a similar right to a creditor of a registered provider.

458.Subsection (3) provides that where an application is made to the High Court under subsection (1) or (2), the High Court can:

  • confirm, annul, or modify an act of the manager

  • give the manager directions,

  • make any other order.

459.Subsection (4) gives a person who is bound by agreed proposals the right to apply to the High Court if that person thinks that another person who is obliged to implement or co-operate with agreed proposals under section 154 has breached the requirements of that section.

460.Subsection (5) provides that where an application is made to the High Court under subsection (4), the High Court can:

  • confirm the action, modify the action or annul it,

  • grant relief by way of injunction, damages or otherwise.

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