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Housing Act 1996, Section 41 is up to date with all changes known to be in force on or before 06 November 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.
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(1)Notice must be given to [F1the Welsh Ministers] as soon as may be after any of the steps mentioned below is taken in relation to a registered social landlord.
The person by whom the notice must be given is indicated in the second column.
(2)Where the registered social landlord is [F2a registered society], the steps and the person by whom notice must be given are—
The taking of a step to enforce any security over land held by the landlord. | The person taking the step. |
The making of an order for the winding up of the landlord. | The petitioner. |
The passing of a resolution for the winding up of the landlord. | The landlord. |
(3)Where the registered social landlord is [F3a company] (including a registered charity), the steps and the person by whom notice must be given are—
The taking of a step to enforce any security over land held by the landlord. | The person taking the step. |
The making of an administration order. | The person who applied for the order. |
The making of an order for the winding up of the landlord. | The petitioner. |
The passing of a resolution for the winding up of the landlord. | The landlord. |
(4)Where the registered social landlord is a registered charity (other than [F3a company] ), the steps and the person by whom notice must be given are—
The taking of a step to enforce any security over land held by the landlord. | The person taking the step. |
(5)Failure to give notice under this section does not affect the validity of any step taken; but the period of 28 days mentioned in section 43(1) (period after which moratorium on disposal of land, &c. ends) does not begin to run until any requisite notice has been given under this section.
[F4(6)In subsection (3)—
(a)the reference to the making of an administration order includes a reference to appointing an administrator under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (administration), and
(b)in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.]
Textual Amendments
F1Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F2Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)
F3Words in s. 41(3)(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(b) (with art. 10)
F4S. 41(6) added (15.9.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 17 para. 52 (with s. 249(1)-(3)); S.I. 2003/2093, art. 2(1), Sch. 1 (with art. 3)
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