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Housing and Regeneration Act 2008, Section 255 is up to date with all changes known to be in force on or before 15 August 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)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 [F1a registered society] have been mismanaged in relation to social housing, F2...
(b)the management of social housing owned by a non-profit registered provider which is [F1a registered society] would be improved if the provider were amalgamated with another [F3registered society] [F4, or
(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]
(2)The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another [F3registered 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 [F5section 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 [F6Financial 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
F1Words 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)
F2Word in s. 255(1)(a) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 12(a); S.I. 2024/437, reg. 2(y)
F3Words 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)
F4S. 255(1)(c) and word inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 12(b); S.I. 2024/437, reg. 2(y)
F5Words 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)
F6Words 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
I1S. 255 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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