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—
- a
a company registered under the Companies Act 2006, or
- b
an unregistered company;
- a
“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—
- a
an Act,
- b
an Act of the Scottish Parliament,
- c
Northern Ireland legislation, or
- d
a Measure or Act of the National Assembly for Wales;
- a
“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—
- a
its affairs and business so far as carried on in the United Kingdom, and
- b
its property in the United Kingdom;
- a
“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).