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Housing and Regeneration Act 2008

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153Proposals: procedureE+W
This section has no associated Explanatory Notes

(1)Before making proposals the regulator shall consult—

(a)the registered provider,

(b)its tenants (so far as is reasonably practicable) [F1or its contract-holders (so far as is reasonably practicable),]

(c)if the registered provider is [F2a registered society], the [F3Financial Conduct Authority], and

(d)if the registered provider is a registered charity, the Charity Commission.

(2)The regulator shall send a copy of proposals to—

(a)the registered provider and its officers,

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

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

(3)The regulator shall also make arrangements for bringing proposals to the attention of—

(a)the registered provider's members,

(b)its tenants [F4or contract-holders] and

(c)its unsecured creditors.

(4)If each secured creditor to whom proposals were sent agrees to the proposals by notice to the regulator, the proposals have effect.

(5)Proposals may be agreed with modifications if—

(a)each secured creditor to whom the proposals were sent consents by notice to the regulator, and

(b)the regulator consents.

(6)The regulator shall send a copy of agreed proposals to—

(a)the registered provider and its officers,

(b)its secured creditors to whom the original proposals were sent,

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

(d)if the registered provider is [F2a registered society], the [F5Financial Conduct Authority], and

(e)if the registered provider is a registered charity, the Charity Commission.

(7)The regulator shall also make arrangements for bringing agreed proposals to the attention of—

(a)the registered provider's members,

(b)its tenants [F6or contract-holders] and

(c)its unsecured creditors.

(8)Proposals may be amended by agreement between the secured creditors to whom the original proposals were sent and the regulator; and this section and section 152 apply to an amendment as to the original proposals.

Textual Amendments

F2Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 122 (with Sch. 5)

Commencement Information

I1S. 153 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

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