The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

[F1 PART 2 E+W Other Modifications

Textual Amendments

F1 Sch. 2 inserted (4.7.2018) by The Insolvency of Registered Providers of Social Housing Regulations 2018 (S.I. 2018/728), regs. 1, 3(6), Sch. 2

General modifications E+W

34.— (1) References within sub-paragraph (2) which are contained—

(a) in the Insolvency Act 1986 (other than Schedule B1 to that Act), or

(b) in other legislation passed or made before the Insolvency of Registered Providers of Social Housing Regulations 2017 come into force+,

include references to whatever corresponds to them for the purposes of this paragraph.

(2) The references are those (however expressed) which are or include references to—

(a) an administrator appointed by an administration order,

(b) an administration order,

(c) an application for an administration order,

(d) a CIO in administration,

(e) entering into administration. and

(f) Schedule B1 to the Insolvency Act 1986 or a provision of that Schedule.

(3) For the purposes of this paragraph—

(a) a housing administrator of a CIO corresponds to an administrator appointed by an administration order,

(b) a housing administration order in relation to a CIO corresponds to an administration order,

(c) an application for a housing administration order in relation to a CIO corresponds to an application for an administration order,

(d) a CIO in housing administration corresponds to a CIO in administration,

(e) entering into housing administration corresponds to a CIO entering into administration, and

(f) what corresponds to Schedule B1 to the Insolvency Act 1986 or a provision of that Schedule is that Schedule or that provision as applied by Part 1 of this Schedule.

Modifications of the Insolvency Act 1986 E+W

35.   The following provisions of the Insolvency Act 1986 are to have effect in the case of a CIO in housing administration with the following modifications.

36.   Section 5 is to have effect as if after subsection (4) there were inserted—

“(4A) Where the CIO is in housing administration, the court must not make an order or give a direction under subsection (3) unless—

(a) the court has given the Secretary of State or the Regulator of Social Housing a reasonable opportunity of making representations to it about the proposed order or direction, and

(b) the order or direction is consistent with the objectives of the housing administration.

(4B) In subsection (4A) “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act, as applied by Schedule 2 to the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012.”

37.   Section 6 is to have effect as if—

(a) after subsection (2) there were inserted—

“(2AA) Subject to this section, where a voluntary arrangement in relation to a CIO in housing administration is approved at the meetings summoned under section 3, an application to the court may be made—

(a) by the Secretary of State, or

(b) with the consent of the Secretary of State, by the Regulator of Social Housing,

on the ground that the voluntary arrangement is not consistent with the achievement of the objectives of the housing administration.”,

(b) in subsection (4), after “subsection (1)” there were inserted “or, in the case of an application under subsection (2AA), as to the ground mentioned in that subsection”, and

(c) after subsection (7) there were inserted—

“(7A) In this section “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act as applied by Schedule 2 to the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012.”.

38.   Section 129(1A) is to have effect as if the reference to paragraph 13(1)(e) of Schedule B1 includes section 100(1)(e) of the Housing and Planning Act 2016.]