PART 4

Social housing in England
CHAPTER 5

Insolvency of registered providers of social housing

Restrictions on other insolvency procedures

Making of ordinary administration orders
106
1
This section applies if a person other than the Secretary of State makes an ordinary administration application in relation to a private registered provider that is—
a
a company, ...
aa
a limited liability partnership, or
b
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
2
The court must dismiss the application if—
a
a housing administration order is in force in relation to the registered provider, or
b
a housing administration order has been made in relation to the registered provider but is not yet in force.
3
If subsection (2) does not apply, the court, on hearing the application, must not exercise its powers under paragraph 13 of Schedule B1 to the Insolvency Act 1986 (other than its power of adjournment) unless—
a
either—
i
notice of the application 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
ii
the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i), and
b
there is no application for a housing administration order which is outstanding.
3A
A notice under subsection (3) must—
a
be given in writing,
b
be signed by, or on behalf of, the person who made the ordinary administration application,
c
specify the date the application was made, and
d
contain a copy of the application.
3B
Subsection
(3C)
applies if a person gives a notice purporting to be a notice under subsection (3) but which does not meet the requirements of any (or all) of paragraphs
(b)
,
(c)
or
(d)
of subsection
(3A)
.
3C
The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
4
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (3)(a).
5
Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for a housing administration order.
6
On the making of a housing administration order in relation to a registered provider, the court must dismiss any ordinary administration application made in relation to the registered provider which is outstanding.
7
The Regulator of Social Housing may waive the notice requirement under subsection (3)(a)(i) only with the consent of the Secretary of State.
8
In this section “ordinary administration application” means an application in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986.
S. 106 in force at 5.7.2018 by S.I. 2018/805, reg. 3(a)
S. 106(3A)-(3C) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 2 para. 4; S.I. 2024/437, reg. 2(x)
Word in s. 106(1)(a) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 1 para. 7(a); S.I. 2024/437, reg. 2(w)(ii)
S. 106(1)(aa) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 1 para. 7(b); S.I. 2024/437, reg. 2(w)(ii)