xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 1E+W+S Registered social landlords: regulation

Part IIE+W+S Constitution, change of rules, amalgamation and dissolution

General power to remove [F1officer] E+W

Textual Amendments

F1Words in Sch. 1 para. 4 heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

4(1)The [F2Relevant Authority] may, in accordance with the following provisions, by order remove [F3 an officer of a registered social landlord] —

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F2Relevant Authority] may make an order removing any such person if—

(a)he has been adjudged bankrupt or has made an arrangement with his creditors;

[F5(b)he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002;]

(c)he is subject to an order under section 429(2) of the M1Insolvency Act 1986 (failure to pay under county court administration order);

(d)he is disqualified under section 72 of the M2Charities Act 1993 from being a charity trustee;

(e)he is incapable of acting by reason of mental disorder;

(f)he has not acted; or

(g)he cannot be found or does not act and his absence or failure to act is impeding the proper management of the registered social landlord’s affairs.

(3)Before making an order the [F2Relevant Authority] shall give at least 14 days’ notice of its intention to do so to the person whom it intends to remove, and to the registered social landlord.

(4)That notice may be given by post, and if so given to the person whom the [F2Relevant Authority] intend to remove may be addressed to his last known address in the United Kingdom.

(5)A person who is ordered to be removed under this paragraph may appeal against the order to the High Court.

Textual Amendments

F2Words 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.

F3Words in Sch. 1 para. 4(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F4Sch. 1 para. 4(1)(a)-(c) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), ss. 84(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

Marginal Citations

Restriction on power of removal in case of registered charityE+W

5(1)The [F6Relevant Authority] may make an order under paragraph 4 removing [F7an officer] of a registered charity only if the charity has [F8 received public assistance] F9...

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Words 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.

F7Words in Sch. 1 para. 5(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(4), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F9Words in Sch. 1 para. 5(1) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 13(a)(ii); S.I. 2011/2475, arts. 1(2), 2(v)

F10Sch. 1 para. 5(2) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 13(b); S.I. 2011/2475, arts. 1(2), 2(v)

Registered charity: power to appoint new [F11officer] E+W

Textual Amendments

F11Words in Sch. 1 para. 6 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

6(1)The [F12Relevant Authority] may by order appoint a person to be a [F13officer] of a registered social landlord which is a registered charity—

(a)in place of a person removed by the [F12Relevant Authority],

(b)where there are [F14no officers] , or

(c)where the [F12Relevant Authority] is of the opinion that it is necessary for the proper management of the charity’s affairs to have an additional [F15officer] .

The power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of [F16officers] permissible under the charity’s constitution to be exceeded.

(2)The [F12Relevant Authority] shall only exercise its power under sub-paragraph (1) if—

(a)the charity has, at any time before the power is exercised, received [F17public assistance] , and

(b)the [F12Relevant Authority] has consulted the [F18Charity Commission] .

(3)A person may be so appointed notwithstanding any restrictions on appointment in the charity’s constitution or rules.

(4)A person appointed under this paragraph shall hold office for such period and on such terms as the [F12Relevant Authority] may specify; and on the expiry of the appointment the [F12Relevant Authority] may renew the appointment for such period as it may specify.

This does not prevent a person appointed under this paragraph from retiring in accordance with the charity’s constitution or rules.

(5)A person appointed under this paragraph as [F19an officer] of a registered charity is entitled—

(a)to attend, speak and vote at any general meeting of the charity and to receive all notices of and other communications relating to any such meeting which a member is entitled to receive,

(b)to move a resolution at any general meeting of the charity, and

(c)to require a general meeting of the charity to be convened within 21 days of a request to that effect made in writing to the directors or trustees.

Textual Amendments

F12Words 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.

F13Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F14Words in Sch. 1 para. 6(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F15Words in Sch. 1 para. 6(1)(c) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(c), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F16Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(d), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F17Words in Sch. 1 para. 6(2)(a) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 14; S.I. 2011/2475, arts. 1(2), 2(v)

F18Words in Sch. 1 para. 6(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(2); S.I. 2007/309, art. 2, Sch.

F19Words in Sch. 1 para. 6(5) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(e), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

Company: power to appoint new [F20officer] E+W

Textual Amendments

F20Word in Sch. 1 para. 7 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(4), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

7(1)The [F21Relevant Authority] may by order appoint a person to be [F22an officer] of a registered social landlord which is [F23a company] —

(a)in place of [F22an officer] removed by the [F21Relevant Authority],

(b)where there are [F24no officers] , or

(c)where the [F21Relevant Authority] is of the opinion that it is necessary for the proper management of the company’s affairs to have an additional [F25officer] .

(2)A person may be so appointed whether or not he is a member of the company and notwithstanding anything in the company’s articles of association.

(3)Where a person is appointed under this paragraph—

(a)he shall hold office for such period and on such terms as the [F21Relevant Authority] may specify, and

(b)on the expiry of the appointment the [F21Relevant Authority] may renew the appointment for such period as it may specify.

This does not prevent a person from retiring in accordance with the company’s articles of association.

[F26(4)A person appointed under this paragraph is entitled—

(a)to receive all such communications relating to a written resolution proposed to be agreed to by the company as are required to be supplied to a member of the company;

(b)to receive all notices of, and other communications relating to, any general meeting which a member of the company is entitled to receive, and to attend, speak and vote at any such meeting;

(c)to move a resolution at any general meeting of the company; and

(d)to require a general meeting of the company to be convened within 21 days of a request to that effect made in writing to the directors of the company.]

Textual Amendments

F21Words 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.

F22Words in Sch. 1 para. 7(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(5)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F24Words in Sch. 1 para. 7(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(5)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F25Word in Sch. 1 para. 7(1)(c) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(5)(c), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

Industrial and provident society: power to appoint [F27officer] E+W

Textual Amendments

F27Words in Sch. 1 para. 8 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(6), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

8(1)The [F28Relevant Authority] may by order appoint a person to be [F29an officer] of a registered social landlord which is an industrial and provident society—

(a)in place of a person removed by the [F28Relevant Authority],

(b)where there are [F30no officers], or

(c)where the [F28Relevant Authority] is of the opinion that it is necessary for the proper management of the society’s affairs to have an additional [F31officer] .

The power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of [F32officers] permissible under the society’s constitution to be exceeded.

(2)A person may be so appointed whether or not he is a member of the society and, if he is not, notwithstanding that the rules of the society restrict appointment to members.

(3)A person appointed under this paragraph shall hold office for such period and on such terms as the [F28Relevant Authority] may specify; and on the expiry of the appointment the [F28Relevant Authority] may renew the appointment for such period as it may specify.

This does not prevent a person appointed under this paragraph from retiring in accordance with the rules of the society.

(4)A person appointed under this paragraph is entitled—

(a)to attend, speak and vote at any general meeting of the society and to receive all notices of and other communications relating to any general meeting which a member of the society is entitled to receive,

(b)to move a resolution at any general meeting of the society, and

(c)to require a general meeting of the society to be convened within 21 days of a request to that effect made in writing to the committee of the society.

Textual Amendments

F28Words 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.

F29Words in Sch. 1 para. 8(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F30Words in Sch. 1 para. 8(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(d), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F31Words in Sch. 1 para. 8(1)(c) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(c), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F32Words in Sch. 1 para. 8(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

Change of rules, &c. by industrial and provident societyE+W+S

9(1)This paragraph applies to an industrial and provident society whose registration as a social landlord has been recorded by the [F33Financial Services Authority].E+W+S

(2)Notice shall be sent to the [F34Relevant Authority] of any change of the society’s name or of the situation of its registered office.

(3)Any other amendment of the society’s rules is not valid without the Corporation’s consent F35...

[F36(3A)Consent under sub-paragraph (3)—

(a)if given by the Housing Corporation, shall be given by order under its seal, and

(b)[F37Consent given by] the [F38Welsh Ministers] [F39under sub-paragraph (3)] , shall be given by order in writing.]

(4)A copy of that consent shall be sent with the copies of the amendment required by section 10(1) of the M3Industrial and Provident Societies Act 1965 to be sent to the [F33Financial Services Authority].

(5)The Industrial and Provident Societies Act 1965 applies in relation to the provisions of this paragraph as if they were contained in section 10 of that Act (amendment of registered rules).

Textual Amendments

F33Words in Sch. 1 para. 9(1)(4) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(2)

F34Words 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.

F35Words in Sch. 1 para. 9(3) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 96(2)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F36Sch. 1 para. 9(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(2)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F38Words in Sch. 1 para. 9(3A)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

Marginal Citations

Change of objects by certain charitiesE+W

10(1)This paragraph applies to a registered social landlord—

(a)which is a registered charity and is not [F40a company] , and

(b)whose registration under this Part of this Act has been recorded by the [F41Charity Commission] in accordance with section 3(3).

(2)No power contained in the provisions establishing the registered social landlord as a charity, or regulating its purposes or administration, to vary or add to its objects may be exercised without the consent of the [F41Charity Commission] .

Before giving [F42its] consent the [F41Charity Commission] shall consult the [F43Relevant Authority].

Textual Amendments

F41Words in Sch. 1 para. 10(1)(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(3)(a); S.I. 2007/309, art. 2, Sch.

F42Word in Sch. 1 para. 10(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(3)(b); S.I. 2007/309, art. 2, Sch.

F43Words 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.

Change of [F44articles] of companyE+W

Textual Amendments

11(1)This paragraph applies to [F45a company (including a company that is a registered charity)] whose registration as a social landlord has been recorded by the registrar of companies.

(2)Notice shall be sent to the [F46Relevant Authority] of any change of the company’s name or of the address of its registered office.

(3)Any other alteration of the company’s [F47articles] of which notice is required to be given to the registrar of companies is not valid without the Corporation’s consent F48...

[F49(3A)Consent under sub-paragraph (3)—

(a)if given by the Housing Corporation, shall be given by order under its seal, and

(b)[F50Consent given by] the [F51Welsh Ministers] [F52under sub-paragraph (3)] , shall be given by order in writing.]

(4)A copy of that consent shall be sent [F53with the copy of the resolution making the alterations that is required to be sent to the registrar of companies under section 30 of the Companies Act 2006] .

Textual Amendments

F46Words 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.

F48Words in Sch. 1 para. 11(3) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 96(2)(a), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F49Sch. 1 para. 11(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(2)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F51Words in Sch. 1 para. 11(3A)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

Amalgamation and dissolution &c. of industrial and provident societyE+W+S

12(1)This paragraph applies to an industrial and provident society whose registration as a social landlord has been recorded by the [F54Financial Services Authority].E+W

(2)The [F55Financial Services Authority] shall not register a special resolution which is passed for the purposes of—

(a)section 50 of the M4Industrial and Provident Societies Act 1965 (amalgamation of societies),

(b)section 51 of that Act (transfer of engagements between societies), or

(c)section 52 of that Act (power of a society to convert itself into, amalgamate with or transfer its engagements to [F56a company] ),

unless, together with the copy of the resolution, there is sent to [F57it] a copy of the [F58Relevant Authority’s] consent to the amalgamation, transfer or conversion.

(3)Any new body created by the amalgamation or conversion or, in the case of a transfer of engagements, the transferee, shall be deemed to be registered as a social landlord forthwith upon the amalgamation, conversion or transfer taking effect.

(4)If the society resolves by special resolution that it be wound up voluntarily under the M5Insolvency Act 1986, the resolution has no effect unless—

(a)before the resolution was passed the [F58Relevant Authority] gave its consent to its passing, and

(b)a copy of the consent is forwarded to the [F59Financial Services Authority] together with a copy of the resolution required to be so forwarded in accordance with [F60section 55(3) of the Industrial and Provident Societies Act 1965].

(5)If the society is to be dissolved by instrument of dissolution, the [F61Financial Services Authority] shall not—

(a)register the instrument in accordance with section 58(5) of the M6Industrial and Provident Societies Act 1965, or

(b)cause notice of the dissolution to be advertised in accordance with section 58(6) of that Act,

unless together with the instrument there is sent to [F62it] a copy of the [F58Relevant Authority’s] consent to its making.

(6)The references in this paragraph to the [F58Relevant Authority’s] consent [F63are—

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

(b)[F64Consent given by] the [F65Welsh Ministers] [F66under this paragraph shall be] given by order in writing.]

Textual Amendments

F54Words in Sch. 1 para. 12(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(a)

F55Words in Sch. 1 para. 12(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(b)(i)

F57Word in Sch. 1 para. 12(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(b)(ii)

F58Words 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.

F59Words in Sch. 1 para. 12(4)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(c)

F61Words in Sch. 1 para. 12(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(d)(i)

F62Word in Sch. 1 para. 12(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(d)(ii)

F63Sch. 1 para. 12(6)(a)(b) and the word “are” immediately preceding substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F65Words in Sch. 1 para. 12(6) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 15; S.I. 2011/2475, arts. 1(2), 2(v)

Modifications etc. (not altering text)

Marginal Citations

Arrangement, reconstruction, &c. of companyE+W

13(1)This paragraph applies to [F67a 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 [F68section 899 of the Companies Act 2006] (compromise or arrangement with creditors or members) is not effective unless the [F69Relevant 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 [F70section 900 of the Companies Act 2006] (transfer of undertaking or property for purposes of reconstruction or amalgamation) is not effective unless the [F69Relevant 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 section 53 of the Industrial and Provident Societies Act 1965 (conversion of company into industrial and provident society), unless, together with the copy of the resolution, there is sent to him a copy of the [F69Relevant 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 M7Insolvency Act 1986, the arrangement shall not take effect under section 5 (effect of approval by members and creditors) of that Act unless the [F69Relevant 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 [F69Relevant 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 [F71section 30 of the Companies Act 2006] .

(7)The references in this paragraph to the [F69Relevant Authority’s] consent [F72are—

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

(b)[F73Consent given by] the [F74Welsh Ministers] [F75under 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.

Textual Amendments

F69Words 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.

F72Sch. 1 para. 13(7)(a)(b) and the word “are” immediately preceding substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F74Words in Sch. 1 para. 13(7)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 16; S.I. 2011/2475, arts. 1(2), 2(v)

Modifications etc. (not altering text)

Marginal Citations

[F76Relevant Authority’s] power to petition for winding upU.K.

Textual Amendments

F76Words 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.

14(1)The [F77Relevant Authority] may present a petition for the winding up under the Insolvency Act 1986 of a registered social landlord which is—U.K.

[F78(a)a company (including a company that is a registered charity), or]

(b)an industrial and provident society (to which the winding up provisions of the M8Insolvency Act 1986 apply in accordance with [F79section 55(1)(a)] of the M9Industrial and Provident Societies Act 1965),

on either of the following grounds.

(2)The grounds are—

(a)that the landlord is failing properly to carry out its purposes or objects, or

(b)that the landlord is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.

Textual Amendments

F77Words 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.

Marginal Citations

Transfer of net assets on dissolution or winding upE+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 [F80section 55(1)(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 [F81a company (including a company that is a registered charity)] 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 [F82Relevant Authority] or, if the [F82Relevant Authority] so directs, to a specified registered social landlord.

The above provision has effect notwithstanding anything in the Industrial and Provident Societies Act 1965, [F83the Companies Act 2006] or the Insolvency Act 1986, or in the rules of the society or, as the case may be, in the [F83articles] 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 [F82Relevant 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 [F82Relevant 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 [F82Relevant Authority] to be, as nearly as practicable, akin to those of the body which is dissolved or wound up.

[F84(5)In any other case the Welsh Ministers may dispose of property transferred to them by virtue of this paragraph to a registered social landlord.]

(6)Where property transferred to the [F82Relevant Authority] by virtue of this paragraph includes land subject to an existing mortgage or charge (whether in favour of the [F82Relevant Authority] or not), the [F82Relevant Authority] may, in exercise of its powers under Part III of the M10Housing 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 [F82Relevant Authority] securing such amount as appears to the [F82Relevant Authority] to be appropriate in the circumstances.

Textual Amendments

F82Words 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.

Marginal Citations

[F85Transfer of net assets on termination of charity not within paragraph 15(1)E+W+S

Textual Amendments

F85Sch. 1 para. 15A and preceding cross-heading inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), s. 270(2)(b), Sch. 11 para. 16

15A(1)The [F86 Welsh Ministers] may by regulations provide for any provisions of paragraph 15(2) to (6) to apply in relation to a registered social landlord within sub-paragraph (2)—E+W+S

(a)in such circumstances, and

(b)with such modifications,

as may be specified in the regulations.

(2)A registered social landlord is within this sub-paragraph if—

(a)it is a registered charity, and

(b)it does not fall within sub-paragraph (1) of paragraph 15.

(3)Regulations under this paragraph may in particular provide that any provision of the regulations requiring the transfer of any property of the charity is to have effect notwithstanding—

(a)anything in the terms of its trusts, or

(b)any resolution, order or other thing done for the purposes of, or in connection with, the termination of the charity in any manner specified in the regulations.

(4)Any regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F87the National Assembly for Wales] .]

Textual Amendments

F86Words in Sch. 1 para. 15A(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F87Words in Sch. 1 para. 15A(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

[F88Management etcE+W

Textual Amendments

F88Sch. 1 para. 15B and cross-heading inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 72, 90(2); S.I. 2011/2475, arts. 1(2), 2(o), 3(h)

Management tenderE+W

15B(1)This paragraph applies if the Welsh Ministers are satisfied that—

(a)a registered social landlord has failed to meet a standard under section 33A, or

(b)there has been misconduct or mismanagement in the affairs of the registered social landlord.

(2)But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England.

(3)The Welsh Ministers may require the registered social landlord to implement a process specified by them for the purpose of—

(a)inviting persons to apply to undertake management functions of the registered social landlord, and

(b)selecting from the applications and making an appointment.

(4)A requirement may relate to—

(a)the registered social landlord's affairs generally, or

(b)specified affairs.

(5)A requirement must include—

(a)provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b)provision for ensuring best procurement practice (and consistent with any applicable procurement law), and

(c)provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i)setting, monitoring and enforcing performance standards, and

(ii)resources).]

Management tender: supplementalE+W

[F8915C(1)Before acting under paragraph 15B(3) the Welsh Ministers must give the registered social landlord a notice—

(a)specifying grounds on which action might be taken under that paragraph,

(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c)explaining the effect of this paragraph.

(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the notice.

(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under sub-paragraph (1) must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15B(3).

(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a)sections 50K and 50S,

(b)paragraphs 15E and 15G.

(7)In imposing a requirement the Welsh Ministers must have regard to views of—

(a)relevant tenants,

(b)the registered social landlord, and

(c)if they think it appropriate, any relevant local housing authority.

(8)A registered social landlord may appeal to the High Court against a requirement under paragraph 15B(3).]

Textual Amendments

Management transferE+W

[F9015D(1)This paragraph applies if, as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—

(a)there has been misconduct or mismanagement in the affairs of the registered social landlord, or

(b)a transfer of certain of a registered social landlord's management functions would be likely to improve the management of some or all of its affairs.

(2)But this paragraph does not apply where—

(a)the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England, or

(b)the transfer would be likely to improve the registered social landlord's management of its affairs only in relation to the provision of housing in England.

(3)The Welsh Ministers may require the registered social landlord to transfer management functions to a specified person.

(4)A requirement may relate to—

(a)the registered social landlord's affairs generally, or

(b)specified affairs.

(5)Transfer is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.

(6)A transferee manager is to have—

(a)any power specified in the requirement, and

(b)any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).]

Textual Amendments

Management transfer: supplementalE+W

[F9115E(1)Before acting under paragraph 15D(3) the Welsh Ministers must give the registered social landlord a notice—

(a)specifying grounds on which action might be taken under that paragraph,

(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c)explaining the effect of this paragraph.

(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the notice.

(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under sub-paragraph (1) must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the social landlord would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15D(3).

(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a)sections 50K and 50S,

(b)paragraphs 15C and 15G.

(7)In imposing a requirement the Welsh Ministers must have regard to views of—

(a)relevant tenants,

(b)the registered social landlord, and

(c)if they think it appropriate, any relevant local housing authority.

(8)A registered social landlord may appeal to the High Court against a requirement under paragraph 15D(3).]

Textual Amendments

Appointment of manager of registered social landlordE+W

[F9215F(1)This paragraph applies if the Welsh Ministers are satisfied that—

(a)a registered social landlord has failed to meet a standard under section 33A, or

(b)there has been misconduct or mismanagement in the affairs of the registered social landlord.

(2)But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England.

(3)The Welsh Ministers may—

(a)appoint an individual as a manager of the registered social landlord, or

(b)require the registered social landlord to appoint an individual as a manager.

(4)An appointment or requirement may relate to the management of —

(a)the registered social landlord's affairs generally, or

(b)specified affairs.

(5)Appointment is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(6)A manager is to have—

(a)any power specified in the appointment or requirement, and

(b)any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).]

Textual Amendments

F92Sch. 1 para. 15F inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 76, 90(2); S.I. 2011/2475, arts. 1(2), 2(q), 3(i)

Appointment of manager: supplementalE+W

[F9315G(1)Before acting under paragraph 15F(3) the Welsh Ministers must give the registered social landlord a notice—

(a)specifying grounds on which action might be taken under that paragraph,

(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c)explaining the effect of this paragraph.

(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the notice.

(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under sub-paragraph (1) must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15F(3).

(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a)sections 50K and 50S,

(b)paragraphs 15C and 15E.

(7)The Welsh Ministers may require a manager to report to them on the affairs specified in the appointment or requirement under paragraph 15F(3).

(8)A registered social landlord may appeal to the High Court against an appointment or requirement under paragraph 15F(3).]

Textual Amendments

AmalgamationE+W

[F9415H(1)This paragraph applies if as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—

(a)there has been misconduct or mismanagement in the affairs of a registered social landlord which is an industrial and provident society, or

(b)the management of the affairs of a registered social landlord which is an industrial and provident society would be improved if the landlord were amalgamated with another industrial and provident society.

(2)But this paragraph does not apply where—

(a)the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England, or

(b)the amalgamation would improve the management of the registered social landlord's affairs only in relation to the provision of housing in England.

(3)The Welsh Ministers may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another industrial and provident society.

(4)An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a special resolution by S1 under section 50 of the Industrial and Provident Societies Act 1965 (amalgamation of societies by special resolution).

(5)A copy of an instrument must be sent to and registered by the Financial Services Authority.

(6)An instrument does not take effect until the copy is registered.

(7)The copy must be sent for registration during the period of 14 days beginning with the date of execution, but a copy registered after that period is valid.

(8)Any body created by virtue of an amalgamation must be registered as a social landlord by the Welsh Ministers, and pending registration is to be treated as registered.]

Textual Amendments