PART 4Social housing in England

CHAPTER 5Insolvency of registered providers of social housing

Supplementary provisions

116Interpretation of Chapter

1

In this Chapter—

  • “business”, “member”, “property” and “security” have the same meaning as in the Insolvency Act 1986;

  • “charitable incorporated organisation” means a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011;

  • “company” means—

    1. a

      a company registered under the Companies Act 2006, or

    2. b

      an unregistered company;

  • “the court”, in relation to a company or registered society, means the court having jurisdiction to wind up the company or registered society;

  • “foreign company” means a company incorporated outside the United Kingdom;

  • “housing administration order” has the meaning given by section 95;

  • “housing administration rules” means rules made under section 411 of the Insolvency Act 1986 as a result of section 102 above;

  • “housing administrator” has the meaning given by section 95 and is to be read in accordance with subsection (2) below;

  • “financial year” means a period of 12 months ending with 31 March;

  • “legislation” includes provision made by or under—

    1. a

      an Act,

    2. b

      an Act of the Scottish Parliament,

    3. c

      Northern Ireland legislation, or

    4. d

      a Measure or Act of the National Assembly for Wales;

  • “objectives of the housing administration” is to be read in accordance with section 96(4);

  • “private registered provider” means a private registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);

  • “registered provider” means a registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);

  • “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014;

  • “Regulator of Social Housing” has the meaning given by section 92A of the Housing and Regeneration Act 2008;

  • “Scottish firm” means a firm constituted under the law of Scotland;

  • “UK affairs, business and property”, in relation to a company, means—

    1. a

      its affairs and business so far as carried on in the United Kingdom, and

    2. b

      its property in the United Kingdom;

  • “unregistered company” means a company that is not registered under the Companies Act 2006.

2

In this Chapter references to the housing administrator of a registered provider—

a

include a person appointed under paragraph 91 or 103 of Schedule B1 to the Insolvency Act 1986, as applied by Part 1 of Schedule 5 to this Act or regulations under section 102, to be the housing administrator of the registered provider, and

b

if two or more persons are appointed as the housing administrator of the registered provider, are to be read in accordance with the provision made under section 101.

3

References in this Chapter to a person qualified to act as an insolvency practitioner in relation to a registered provider are to be read in accordance with Part 13 of the Insolvency Act 1986, but as if references in that Part to a company included a company registered under the Companies Act 2006 in Northern Ireland.

4

For the purposes of this Chapter an application made to the court is outstanding if it—

a

has not yet been granted or dismissed, and

b

has not been withdrawn.

5

An application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.

6

An appeal is to be treated as pending for this purpose if—

a

an appeal has been brought and has not been determined or withdrawn,

b

an application for permission to appeal has been made but has not been determined or withdrawn, or

c

no appeal has been brought and the period for bringing one is still running.

7

References in this Chapter to a provision of the Insolvency Act 1986 (except the references in subsection (2) above)—

a

in relation to a company, are to that provision without the modifications made by Part 1 of Schedule 5 to this Act,

b

in relation to a registered society, are to that provision as it applies to registered societies otherwise than by virtue of regulations under section 102 (if at all), and

c

in relation to a charitable incorporated organisation, are to that provision as it applies to charitable incorporated organisations otherwise than by virtue of regulations under section 102 (if at all).