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.