The Insolvency of Registered Providers of Social Housing Regulations 2018

Citation and commencement

1.  These Regulations may be cited as the Insolvency of Registered Providers of Social Housing Regulations 2018 and come into force 21 days after the date on which they are made.

Application of the Insolvency Act 1986 to registered societies

2.—(1) Schedule 1 applies to housing administration orders in relation to a registered society as follows.

(2) Part 1 of Schedule 1 applies certain provisions of Schedule B1 to the Insolvency Act 1986(1) with the modifications specified.

(3) Part 2 of Schedule 1 modifies section 129(1A) of the Insolvency Act 1986(2) in connection with Part 1 of Schedule 1.

Amendment of the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

3.—(1) The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012(3) (“the CIO Regulations”) are amended as follows.

(2) In regulation 2(1), at the appropriate place, insert ““CIO” has the same meaning as set out in section 204 of the Charities Act 2011(4);”.

(3) In regulation 3—

(a) in the heading, after “CIOs” insert “: general”,

(b) for “The Schedule” substitute “Schedule 1”.

(4) After regulation 3, insert—

“Application of the Insolvency Act 1986 to CIOs in housing administration

3A.— (1) Schedule 2 (which contains additional provision about the application of Schedule B1 and certain other legislation to housing administration orders in relation to CIOs) has effect.

(2) “Housing administration order” has the meaning given in section 95 of the Housing and Planning Act 2016.”.

(5) The Schedule becomes Schedule 1.

(6) The Schedule set out at Schedule 2 to these Regulations is inserted as Schedule 2 to the CIO Regulations.

Modification of the Land Registration Rules 2003

4.  After rule 184 of the Land Registration Rules 2003(5), insert—

“Housing administration orders

184A.— (1) Paragraph (2) applies where a housing administration order is made under the Housing and Planning Act 2016 in relation to a registered provider which is the registered proprietor of a registered estate or a registered charge.

(2) Upon the application of the registered provider’s housing administrator, supported by the order, the registrar must make an entry in the individual register of the relevant registered title as to the making of the order and the appointment of the housing administrator.

(3) In this rule “housing administration order”, “housing administrator” and “registered provider” have the meanings set out in Chapter 5 of Part 4 of the Housing and Planning Act 2016.”

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

13th June 2018