- Latest available (Revised)
- Original (As enacted)
Housing and Regeneration Act 2008, Section 146 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2)The moratorium [F4mentioned in section 145] ends when one of the following occurs—
(a)the expiry of the relevant period,
(b)the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or
(c)the cancellation of the moratorium (see subsection (5)).]
[F3(2A)The “relevant period” is—
(a)the period of 28 days beginning with the [F5relevant day], plus
(b)any period by which that period is extended under subsection (3).]
[F6(2B)The “relevant day” is—
(a)in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;
(b)in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;
(c)in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;
(d)in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;
(e)in the case of an event mentioned in section 145(2)(e), the day of that event.]
(3)During a moratorium the regulator may extend it (or further extend it) for a specified [F7period if—
(a)the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
(b)where the regulator located one or more such creditors, each of them has consented to the extension.]
(4)If the regulator extends a moratorium it shall notify—
(a)the registered provider, [F8and]
(b)any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, F9...
F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(4A)If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.]
(5)During a moratorium the regulator may cancel it F12....
F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—
(a)the registered provider, and
(b)such of its secured creditors as the regulator is able to locate after making reasonable enquiries.
[F14(7A)The regulator shall also notify the HCA as follows—
(a)if it extends a moratorium, and
(b)when a moratorium ends.]
F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(8A)When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.]
[F17(9)If [F18an event mentioned in section 145(2) occurs] during a moratorium, that does not—
(a)start a new moratorium, or
(b)alter the existing moratorium's duration.]
Textual Amendments
F1Word in s. 146 heading substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(a), 46(3); S.I. 2024/437, reg. 2(e)
F2S. 146(1) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(b), 46(3); S.I. 2024/437, reg. 2(e) (with reg. 4(1))
F3S. 146(1)-(2A) substituted for s. 146(1) (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 4(2); S.I. 2018/805, reg. 3(c) (with reg. 4)
F4Words in s. 146(2) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(c), 46(3); S.I. 2024/437, reg. 2(e)
F5Words in s. 146(2A)(a) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(d), 46(3); S.I. 2024/437, reg. 2(e) (with reg. 4(1))
F6S. 146(2B) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(e), 46(3); S.I. 2024/437, reg. 2(e) (with reg. 4(1))
F7Words in s. 146(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(f), 46(3); S.I. 2024/437, reg. 2(e)
F8Word in s. 146(4)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 39(2)(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F9Word in s. 146(4)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(j) (with arts. 9 11 14 15 17)
F10S. 146(4)(c) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 39(2)(b), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F11S. 146(4A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 50(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F12Words in s. 146(5) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(g), 46(3); S.I. 2024/437, reg. 2(e)
F13S. 146(6) omitted (5.7.2018) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 4(3); S.I. 2018/805, reg. 3(c) (with reg. 4)
F14S. 146(7A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 23 (with Pt. 4)
F15S. 146(8) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 39(3), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F16S. 146(8A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 50(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F17S. 146(9) substituted (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 4(4); S.I. 2018/805, reg. 3(c) (with reg. 4)
F18Words in s. 146(9) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 12(3)(h), 46(3); S.I. 2024/437, reg. 2(e) (with reg. 4(1))
Commencement Information
I1S. 146 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: