Housing Act 1996

Arrangement, reconstruction, &c. of company E+W

13 (1) This paragraph applies to [F1 a company] whose registration as a social landlord has been recorded by the registrar of companies.

(2) An order of the court given for the purposes of [F2 section 899 of the Companies Act 2006] (compromise or arrangement with creditors or members) is not effective unless the [F3 Relevant Authority] has given its consent.

A copy of the consent shall be sent to the registrar of companies along with the office copy of the order delivered to him under that section.

(3) An order of the court given for the purposes of [F4 section 900 of the Companies Act 2006] (transfer of undertaking or property for purposes of reconstruction or amalgamation) is not effective unless the [F3 Relevant Authority] has given its consent.

A copy of the consent shall be sent to the registrar of companies along with the office copy of the order delivered to him under that section.

(4) The registrar of companies shall not register any resolution under section 53 of the Industrial and Provident Societies Act 1965 (conversion of company into industrial and provident society), unless, together with the copy of the resolution, there is sent to him a copy of the [F3 Relevant Authority’s] consent to the conversion.

(5) Where a director, administrator or liquidator of the company proposes to make a voluntary arrangement with the company’s creditors under section 1 of the M1 Insolvency Act 1986, the arrangement shall not take effect under section 5 (effect of approval by members and creditors) of that Act unless the [F3 Relevant Authority] has given its consent to the voluntary arrangement.

(6) If the company resolves by special resolution that it be wound up voluntarily under the Insolvency Act 1986, the resolution has no effect unless—

(a) before the resolution was passed the [F3 Relevant Authority] gave its consent to its passing, and

(b) a copy of the consent is forwarded to the registrar of companies together with a copy of the resolution required to be so forwarded in accordance with [F5 section 30 of the Companies Act 2006] .

(7) The references in this paragraph to the [F3 Relevant Authority’s] consent [F6 are—

(a) if it is given by the Housing Corporation, to consent given by order under its seal, and

(b) [F7 Consent given by] the [F8 Welsh Ministers] [F9 under this paragraph shall be] given by order in writing.]

(8) Where sub-paragraph (3) or (4) applies, the transferee or, as the case may be, any new body created by the conversion shall be deemed to be registered as a social landlord forthwith upon the transfer or conversion taking effect.

Textual Amendments

F1 Words in Sch. 1 para. 13(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)

F2 Words in Sch. 1 para. 13(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(2)(a) (with arts. 6, 11, 12)

F3 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F4 Words in Sch. 1 para. 13(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(2)(b) (with arts. 6, 11, 12)

F5 Words in Sch. 1 para. 13(6)(b) substituted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 88(5) (with art. 12)

F6 Sch. 1 para. 13(7)(a)(b) and the word “are” immediately preceding substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F7 Words in Sch. 1 para. 13(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(5)(a) (with art. 6, Sch. 3)

F8 Words in Sch. 1 para. 13(7)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 16; S.I. 2011/2475, arts. 1(2), 2(v)

F9 Words in Sch. 1 para. 13(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(5)(b) (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C1 Sch. 1 para. 13(7)(a) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)

Marginal Citations

M1 1986 c. 45.