PART 4Social housing in England
CHAPTER 5Insolvency of registered providers of social housing
Restrictions on other insolvency procedures
104Winding-up orders
1
This section applies if a person other than the Secretary of State petitions for the winding-up of a registered provider that is—
a
a company,
b
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
c
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
2
The court may not exercise its powers on a winding-up petition unless—
a
notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
b
the Regulator of Social Housing has waived the notice requirement in paragraph (a).
3
If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 before a winding-up order is made on the petition, the court may exercise its powers under section 100 (instead of exercising its powers on the petition).
4
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (2)(a).
5
The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.
6
References in this section to the court’s powers on a winding-up petition are to—
a
its powers under section 125 of the Insolvency Act 1986 (other than its power of adjournment), and
b
its powers under section 135 of the Insolvency Act 1986.