Housing and Planning Act 2016

105 Voluntary winding up U.K.

(1) This section applies to a private registered provider that is—

(a) a company,

[F1 (aa) a limited liability partnership,]

(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or

(c) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.

(2) The registered provider has no power to pass a resolution for voluntary winding up without the permission of the court.

(3) Permission may be granted by the court only on an application made by the registered provider.

(4) The court may not grant permission unless—

(a) notice of the application has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or

(b) the Regulator of Social Housing has waived the notice requirement in paragraph (a).

[F2 (4A) A notice under subsection (4) must—

(a) be given in writing,

(b) be signed by, or on behalf of, the registered provider,

(c) specify the date the application was made, and

(d) contain a copy of the application.

(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).

(4C) The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).]

(5) If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 after an application for permission under this section has been made and before it is granted, the court may exercise its powers under section 100.

(6) The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (4)(a).

(7) The Regulator of Social Housing may waive the notice requirement under subsection (4)(a) only with the consent of the Secretary of State.

(8) In this section “a resolution for voluntary winding up” has the same meaning as in the Insolvency Act 1986.

Textual Amendments

F1 S. 105(1)(aa) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 1 para. 6; S.I. 2024/437, reg. 2(w)(ii)

F2 S. 105(4A)-(4C) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 2 para. 3; S.I. 2024/437, reg. 2(x)

Commencement Information

I1 S. 105 in force at 5.7.2018 by S.I. 2018/805, reg. 3(a)