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Housing and Regeneration Act 2008

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Housing and Regeneration Act 2008, Section 153 is up to date with all changes known to be in force on or before 01 December 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. Help about Changes to Legislation

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153Proposals: procedureE+W
This section has no associated Explanatory Notes

(1)Before making proposals the regulator shall consult—

(a)the registered provider,

(b)its tenants (so far as is reasonably practicable) [F1or its contract-holders (so far as is reasonably practicable),]

[F2(ba)if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,]

(c)if the registered provider is [F3a registered society], the [F4Financial Conduct Authority], and

(d)if the registered provider is a registered charity, the Charity Commission.

[F5(1A)If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.]

(2)[F6Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—]

(a)the registered provider F7...,

[F8(b)the secured creditors located for the purposes of subsection (1),] and

(c)any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.

(3)[F9If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those] proposals to the attention of—

(a)the registered provider's members,

(b)its tenants [F10or contract-holders] and

(c)its unsecured creditors.

[F11(4)If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.]

(5)[F12Draft proposals] may be agreed with modifications if—

(a)each secured creditor to whom the [F13draft proposals were required to be sent] consents by notice to the regulator, and

(b)the regulator consents.

(6)The regulator shall send a copy of agreed proposals to—

(a)the registered provider F14...,

(b)[F15any] secured creditors to whom [F16draft] proposals were sent,

(c)any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land,

(d)if the registered provider is [F3a registered society], the [F17Financial Conduct Authority], and

(e)if the registered provider is a registered charity, the Charity Commission.

(7)The regulator shall also make arrangements for bringing agreed proposals to the attention of—

(a)the registered provider's members,

(b)its tenants [F18or contract-holders] and

(c)its unsecured creditors.

[F19(8)The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.]

Textual Amendments

F3Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 122 (with Sch. 5)

Commencement Information

I1S. 153 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

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