Part 2Regulation of Social Housing

Chapter 4Registered providers

Insolvency etc.

153Proposals: procedure

1

Before making proposals the regulator shall consult—

a

the registered provider,

b

its tenants (so far as is reasonably practicable),

c

if the registered provider is an industrial and provident society, the Financial Services Authority, and

d

if the registered provider is a registered charity, the Charity Commission.

2

The regulator shall send a copy of proposals to—

a

the registered provider and its officers,

b

such of its secured creditors as the regulator is able to locate after making reasonable enquiries, and

c

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

3

The regulator shall also make arrangements for bringing proposals to the attention of—

a

the registered provider’s members,

b

its tenants, and

c

its unsecured creditors.

4

If each secured creditor to whom proposals were sent agrees to the proposals by notice to the regulator, the proposals have effect.

5

Proposals may be agreed with modifications if—

a

each secured creditor to whom the proposals were 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 and its officers,

b

its secured creditors to whom the original 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 an industrial and provident society, the Financial Services 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, and

c

its unsecured creditors.

8

Proposals may be amended by agreement between the secured creditors to whom the original proposals were sent and the regulator; and this section and section 152 apply to an amendment as to the original proposals.