Part 2 E+WRegulation of Social Housing

Modifications etc. (not altering text)

C1 Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Chapter 7 E+WEnforcement powers

Management etc. E+W

255 Amalgamation E+W

(1) This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a) the affairs of a non-profit registered provider which is [F1 a registered society] have been mismanaged in relation to social housing, or

(b) the management of social housing owned by a non-profit registered provider which is [F1 a registered society] would be improved if the provider were amalgamated with another [F2 registered society].

(2) The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another [F2 registered society].

(3) The regulator may act under subsection (2) only with the Secretary of State's consent.

(4) An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under [F3 section 109 of the Co-operative and Community Benefit Societies Act 2014] (amalgamation of societies by special resolution).

(5) A copy of an instrument shall be sent to and registered by the [F4 Financial Conduct 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—

(a) must be registered by the regulator and designated as a non-profit organisation, and

(b) pending registration shall be treated as registered and designated as a non-profit organisation.

Textual Amendments

F1 Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 122 (with Sch. 5)

F2 Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 123 (with Sch. 5)

F3 Words in s. 255(4) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 133 (with Sch. 5)

F4 Words in s. 255(5) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 8(2), (3)(f) (with Sch. 12)

Commencement Information

I1 S. 255 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)