SCHEDULES

SCHEDULE 1 Registered social landlords: regulation

Part II Constitution, change of rules, amalgamation and dissolution

Arrangement, reconstruction, &c. of company

13

1

This paragraph applies to F6a 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 F4section 899 of the Companies Act 2006 (compromise or arrangement with creditors or members) is not effective unless the F1Relevant 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 F5section 900 of the Companies Act 2006 (transfer of undertaking or property for purposes of reconstruction or amalgamation) is not effective unless the F1Relevant 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 F10section 115 of the Co-operative and Community Benefit Societies Act 2014 (conversion of company into registered society), unless, together with the copy of the resolution, there is sent to him a copy of the F1Relevant 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 M1Insolvency Act 1986, the arrangement shall not take effect under section 5 (effect of approval by members and creditors) of that Act unless the F1Relevant 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 F1Relevant 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 F3section 30 of the Companies Act 2006 .

7

The references in this paragraph to the F1Relevant Authority’s consent F2are—

C1a

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

b

F7Consent given by the F9Welsh MinistersF8under 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.