Housing Act 1996

Transfer of net assets on dissolution or winding up E+W+S

15 (1) This paragraph applies— E+W+S

(a) where a registered social landlord which is an industrial and provident society is dissolved as mentioned in section 55(a) or (b) of the Industrial and Provident Societies Act 1965 (winding-up under the Insolvency Act 1986 or by instrument of dissolution), and

(b) where a registered social landlord which is a company registered under the M1 Companies Act 1985 is wound up under the Insolvency Act 1986.

(2) On such a dissolution or winding-up, so much of the property of the society or company as remains after meeting the claims of its creditors and any other liabilities arising on or before the dissolution or winding-up shall be transferred to the [F1 Relevant Authority] or, if the [F1 Relevant Authority] so directs, to a specified registered social landlord.

The above provision has effect notwithstanding anything in the Industrial and Provident Societies Act 1965, the Companies Act 1985 or the Insolvency Act 1986, or in the rules of the society or, as the case may be, in the memorandum or articles of association of the company.

(3) In order to avoid the necessity for the sale of land belonging to the registered social landlord and thereby secure the transfer of the land under this paragraph, the [F1 Relevant Authority] may, if it appears to it appropriate to do so, make payments to discharge such claims or liabilities as are referred to in sub-paragraph (2).

(4) Where the registered social landlord which is dissolved or wound up is a charity, the [F1 Relevant Authority] may dispose of property transferred to it by virtue of this paragraph only to another registered social landlord—

(a) which is also a charity, and

(b) the objects of which appear to the [F1 Relevant Authority] to be, as nearly as practicable, akin to those of the body which is dissolved or wound up.

[F2 (5) In any other case—

(a) the Relevant Authority may dispose of property transferred to it by virtue of this paragraph to a registered social landlord, and

(b) the Housing Corporation may dispose of property transferred to it by virtue of this paragraph to any of its subsidiaries.]

(6) Where property transferred to the [F1 Relevant Authority] by virtue of this paragraph includes land subject to an existing mortgage or charge (whether in favour of the [F1 Relevant Authority] or not), the [F1 Relevant Authority] may, in exercise of its powers under Part III of the M2 Housing Associations Act 1985, dispose of the land either—

(a) subject to that mortgage or charge, or

(b) subject to a new mortgage or charge in favour of the [F1 Relevant Authority] securing such amount as appears to the [F1 Relevant Authority] to be appropriate in the circumstances.

Textual Amendments

F1 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.

F2 Sch. 1 para. 15(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(4) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Marginal Citations

M1 1985 c. 6.

M2 1985 c. 69.