The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation: general

3. PART 2 APPLICATION OF THE INSOLVENCY ACT 1986

   1. 3. Application of the Insolvency Act 1986 to CIOs : general

   2. 3A. Application of the Insolvency Act 1986 to CIOs in housing administration

4. PART 3 DISSOLUTION OTHERWISE THAN UNDER THE INSOLVENCY ACT 1986

   1. 4. Dissolution by Commission on application of CIO

   2. 5. Application for dissolution

   3. 6. Dissolution resolution

   4. 7. Notice to be given before dissolution

   5. 8. Application not to be made if CIO procedures not completed

   6. 9. Application not to be made if other procedures not completed

   7. 10. Restrictions following application for dissolution

   8. 11. Property received after making application for dissolution

   9. 12. Trustees to give notice of application for dissolution

   10. 13. Notice of application for dissolution: how to be given

   11. 14. Circumstances in which application must be withdrawn

   12. 15. Offences under the Companies Acts

   13. 16. Dissolution of CIO which is not in operation

   14. 17. Dissolution of CIO which is no longer a charity

   15. 18. Dissolution of CIO which is being wound up

   16. 19. Procedure for dissolution: delivery of letters and notices

   17. 20. Date of dissolution

   18. 21. Notice to be given of dissolution

   19. 22. Liabilities and powers unaffected by dissolution

5. PART 4 APPLICATION OF PROPERTY ON DISSOLUTION UNDER PART 3

   1. 23. Vesting of property to official custodian on dissolution

   2. 24. Disposal of property vested in official custodian

   3. 25. Power of Commission to specify charitable purposes etc.

   4. 26. Power of Commission to make vesting order

   5. 27. Disclaimer of property by official custodian

   6. 28. Effect of a disclaimer by official custodian

   7. 29. Disclaimer of leaseholds

   8. 30. Power of court to make vesting order

   9. 31. Protection of persons holding under a lease

   10. 32. Land subject to rentcharge

6. PART 5 RESTORATION OF A CIO TO THE REGISTER

   1. 33. Restoration by Commission

   2. 34. Restoration by the court

   3. 35. Time limit for applying to court

   4. 36. Court order with directions

   5. 37. CIO's name on restoration

   6. 38. Notification of restoration to the register

   7. 39. Effect of restoration

   8. 40. Property to vest in restored CIO

   9. 41. Accounts, reports and returns of restored CIO

7. Signature

8. 1. SCHEDULE 1

      APPLICATION OF THE INSOLVENCY ACT 1986 TO CIOS

      1. 1. Application to CIOs of the 1986 Act

      2. 2. Application to CIOs of subordinate legislation made under the 1986 Act

   2. SCHEDULE 2

      Housing Administration

      1. PART 1 Application of Schedule B1 to CIOs during housing administration

         1. 1. Introductory

         2. 2. The applicable provisions of Schedule B1 to the Insolvency Act...

         3. 3. General modifications of the applicable provisions

         4. 4. Specific Modifications

         5. 5. Paragraph 40 is to have effect as if sub-paragraphs (1)(b),...

         6. 6. Paragraph 42 is to have effect as if sub-paragraphs (4)...

         7. 7. Paragraph 43 is to have effect as if sub-paragraph (5)...

         8. 8. Paragraph 44 is to have effect as if sub-paragraphs (2)...

         9. 9. Paragraph 46(6) is to have effect as if for paragraphs...

         10. 10. Paragraph 47 is to have effect as if—

         11. 11. Paragraph 49 is to have effect as if—

         12. 12. Paragraph 54 is to have effect as if the following...

         13. 13. Paragraph 60 has effect as if after sub-paragraph (2) there...

         14. 14. Paragraph 68 is to have effect as if—

         15. 15. Paragraph 73 is to have effect as if—

         16. 16. Paragraph 74 is to have effect as if—

         17. 17. Paragraph 75(2) is to have effect as if after paragraph...

         18. 18. Paragraph 78 is to have effect as if sub-paragraph (2)...

         19. 19. Paragraph 79 is to have effect as if—

         20. 20. Paragraph 83 is to have effect as if—

         21. 21. Paragraph 84 is to have effect as if—

         22. 22. Paragraph 87(2) is to have effect as if for paragraphs...

         23. 23. Paragraph 89(2) is to have effect as if for paragraphs...

         24. 24. Paragraph 90 is to have effect as if for “Paragraphs...

         25. 25. Paragraph 91 is to have effect as if the following...

         26. 26. Paragraph 98 is to have effect as if sub-paragraphs (2)(b)...

         27. 27. Paragraph 99 is to have effect as if—

         28. 28. Paragraph 100 is to have effect as if sub-paragraph (2)...

         29. 29. Paragraph 101(3) is to have effect as if after “87...

         30. 30. Paragraph 103 is to have effect as if—

         31. 31. Paragraph 106(2) is to have effect as if paragraphs (a),...

         32. 32. Paragraph 109 is to have effect as if “or 108”...

         33. 33. Paragraph 111 is to have effect as if—

      2. PART 2 Other Modifications

         1. 34. General modifications

         2. 35. Modifications of the Insolvency Act 1986

         3. 36. Section 5 is to have effect as if after subsection...

         4. 37. Section 6 is to have effect as if—

         5. 38. Section 129(1A) is to have effect as if the reference...

9. Explanatory Note