PART 4

Social housing in England
CHAPTER 5

Insolvency of registered providers of social housing

Restrictions on other insolvency procedures

Administrator appointments by creditors etc
107
1
Subsections (2) to (4) make provision about appointments under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (powers to appoint administrators) 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
If in any case—
a
a housing administration order is in force in relation to the registered provider,
b
a housing administration order has been made in relation to the registered provider but is not yet in force, or
c
an application for a housing administration order in relation to the registered provider is outstanding,
a person may not take any step to make an appointment.
3
In any other case, an appointment takes effect only if each of the following conditions are met.
4
The conditions are—
a
either—
i
that notice of the appointment has been given to the Regulator of Social Housing ... and that a period of 28 days has elapsed since that notice was given, or
ii
that the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i),
b
that there is no outstanding application to the court for a housing administration order in relation to the registered provider, and
c
that the making of an application for a housing administration order in relation to the registered provider has not resulted in the making of a housing administration order which is in force or is still to come into force.
4A
A notice under subsection (4) must—
a
be given in writing,
b
be signed by, or on behalf of, the person making the appointment,
c
specify the date the appointment was made, and
d
contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986.
4B
Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).
4C
The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
5
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (4)(a) ....
6
The Regulator of Social Housing may waive the notice requirement under subsection (4)(a)(i) only with the consent of the Secretary of State.
7
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 at any time before the appointment takes effect.
S. 107 in force at 5.7.2018 by S.I. 2018/805, reg. 3(a)
Word in s. 107 heading inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 2 para. 5(a); S.I. 2024/437, reg. 2(x)
S. 107(4A)-(4C) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 2 para. 5(c); S.I. 2024/437, reg. 2(x)
Word in s. 107(1)(a) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 1 para. 8(a); S.I. 2024/437, reg. 2(w)(ii)
S. 107(1)(aa) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 1 para. 8(b); S.I. 2024/437, reg. 2(w)(ii)
Words in s. 107(4)(a)(i) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 2 para. 5(b); S.I. 2024/437, reg. 2(x)
Words in s. 107(5) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 2 para. 5(d); S.I. 2024/437, reg. 2(x)