No versions valid at: 23/09/2016
Point in time view as at 23/09/2016. This version of this provision is not valid for this point in time.
Housing and Planning Act 2016, Section 104 is up to date with all changes known to be in force on or before 01 March 2025. 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.
Valid from 05/07/2018
(1)This section applies if a person other than the Secretary of State petitions for the winding-up of a registered provider that is—
(a)a company,
(b)a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
(c)a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
(2)The court may not exercise its powers on a winding-up petition unless—
(a)notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
(b)the Regulator of Social Housing has waived the notice requirement in paragraph (a).
(3)If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 before a winding-up order is made on the petition, the court may exercise its powers under section 100 (instead of exercising its powers on the petition).
(4)The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (2)(a).
(5)The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.
(6)References in this section to the court's powers on a winding-up petition are to—
(a)its powers under section 125 of the Insolvency Act 1986 (other than its power of adjournment), and
(b)its powers under section 135 of the Insolvency Act 1986.
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