93 Reducing local authority influence over private registered providers
(1) The Secretary of State may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over private registered providers through—
(a) appointing or removing officers of private registered providers;
(b) exercising or controlling voting rights.
(2) The regulations may in particular—
(a) limit the number of officers that a local authority may appoint;
(b) prohibit a local authority from appointing officers;
(c) confer power on a private registered provider to remove officers appointed by a local authority;
(d) prohibit a local authority from doing things that would result in it obtaining voting rights in a private registered provider;
(e) require a local authority to take steps to reduce or get rid of any voting rights that it has in a private registered provider.
(3) Regulations under this section may override or modify any contractual or other rights (whenever created) or anything in a private registered provider's constitution.
(4) Regulations under this section may—
(a) confer a power to amend the constitution of a private registered provider in consequence of provision made by the regulations;
(b) make provision about the procedure for exercising that power.
(5) In this section—
“appointing”, in relation to an officer, includes nominating or otherwise influencing the selection of the officer;
“constitution” includes rules;
“local authority” has the meaning given by section 106 of the Housing Associations Act 1985;
“officer”, in relation to a private registered provider, has the meaning given by section 270 of the Housing and Regeneration Act 2008;
“private registered provider” means a private registered provider of social housing.
94 Recovery of social housing assistance: successors in title
(1) Section 33 of the Housing and Regeneration Act 2008 (recovery of social housing assistance: interest and successors in title) is amended as follows.
(2) In subsection (6)(b), after “another person” insert “ (“the successor”) ”.
(3) After subsection (6) insert—
(6A) But subsection (7) does not apply if—
(a) the successor is a person other than a registered provider of social housing, and
(b) at any time since the social housing assistance was given—
(i) a person has enforced a security over the social housing, or
(ii) the social housing has been disposed of by a body while it is being wound up or is in administration (which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016).”
(4) In subsection (7) for “that other person” substitute “ the successor ”.
95 Housing administration order: providers of social housing in England
(1) In this Chapter “housing administration order” means an order which—
(a) is made by the court in relation to a private registered provider of social housing that is—
(i) a company,
(ii) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
(iii) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011, and
(b) directs that, while the order is in force, the provider's affairs, business and property are to be managed by a person appointed by the court.
(2) The person appointed for the purposes of the housing administration order is referred to in this Chapter as the “housing administrator”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A housing administrator has two objectives—
(a) Objective 1: normal administration (see section 97), and
(b) Objective 2: keeping social housing in the regulated sector (see section 98).
(2) Objective 1 takes priority over Objective 2 (but the housing administrator must, so far as possible, work towards both objectives).
(3) It follows that, in pursuing Objective 2, the housing administrator must not do anything that would result in a worse distribution to creditors than would be the case if the administrator did not need to pursue Objective 2.
(4) A reference in this Chapter to the objectives of a housing administration is to the objectives to be pursued by the housing administrator.
(1) Objective 1 is to—
(a) rescue the registered provider as a going concern,
(b) achieve a better result for the registered provider's creditors as a whole than would be likely if the registered provider were wound up (without first being in housing administration), or
(c) realise property in order to make a distribution to one or more secured or preferential creditors.
(2) The housing administrator must aim to achieve Objective 1(a) unless the housing administrator thinks—
(a) that it is not reasonably practicable to achieve it, or
(b) that Objective 1(b) would achieve a better result for the registered provider's creditors as a whole.
(3) The housing administrator may aim to achieve Objective 1(c) only if—
(a) the housing administrator thinks that it is not reasonably practicable to achieve Objective 1(a) or (b), and
(b) the housing administrator does not unnecessarily harm the interests of the registered provider's creditors as a whole.
(4) In pursuing Objective 1(a), (b) or (c) the housing administrator must act in the interests of the registered provider's creditors as a whole so far as consistent with that Objective.
98 Objective 2: keeping social housing in the regulated sector
(1) Objective 2 is to ensure that the registered provider's social housing remains in the regulated housing sector.
(2) For this purpose, social housing remains in the regulated housing sector for so long as it is owned by a private registered provider.
(1) An application for a housing administration order may be made only—
(a) by the Secretary of State, or
(b) with the consent of the Secretary of State, by the Regulator of Social Housing.
(2) The applicant for a housing administration order in relation to a registered provider must give notice of the application to—
(a) every person who has appointed an administrative receiver of the provider,
(b) every person who is or may be entitled to appoint an administrative receiver of the registered provider,
(c) every person who is or may be entitled to make an appointment in relation to the registered provider under paragraph 14 of Schedule B1 to the Insolvency Act 1986 (appointment of administrators by holders of floating charges), and
(d) any other persons specified by housing administration rules.
(3) The notice must be given as soon as possible after the making of the application.
(4) In this section “administrative receiver” has
(a) the meaning given by section 251 of the Insolvency Act 1986 for the purposes of Parts 1 to 7 of that Act, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) On hearing an application for a housing administration order, the court has the following powers—
(a) it may make the order,
(b) it may dismiss the application,
(c) it may adjourn the hearing conditionally or unconditionally,
(d) it may make an interim order,
(e) it may treat the application as a winding-up petition and make any order the court could make under section 125 of the Insolvency Act 1986 (power of court on hearing winding-up petition), and
(f) it may make any other order which it thinks appropriate.
(2) The court may make a housing administration order in relation to a registered provider only if it is satisfied—
(a) that the registered provider is unable, or is likely to be unable, to pay its debts, or
(b) that, on a petition by the Secretary of State under section 124A of the Insolvency Act 1986, it would be just and equitable (disregarding the objectives of the housing administration) to wind up the registered provider in the public interest.
(3) The court may not make a housing administration order on the ground set out in subsection (2)(b) unless the Secretary of State has certified to the court that the case is one in which the Secretary of State considers (disregarding the objectives of the housing administration) that it would be appropriate to petition under section 124A of the Insolvency Act 1986.
(4) The court has no power to make a housing administration order in relation to a registered provider which—
(a) is in administration under Schedule B1 to the Insolvency Act 1986, or
(b) has gone into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).
(5) A housing administration order comes into force—
(a) at the time appointed by the court, or
(b) if no time is appointed by the court, when the order is made.
(6) An interim order under subsection (1)(d) may, in particular—
(a) restrict the exercise of a power of the registered provider or of its relevant officers, or
(b) make provision conferring a discretion on a person qualified to act as an insolvency practitioner in relation to the registered provider.
(7) In subsection (6)(a) “relevant officer”—
(a) in relation to a company, means a director,
(b) in relation to a registered society, means a member of the management committee or other directing body of the society, and
(c) in relation to a charitable incorporated organisation, means a charity trustee (as defined by section 177 of the Charities Act 2011).
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) For the purposes of this section a registered provider is unable to pay its debts if—
(a) it is deemed to be unable to pay its debts under section 123 of the Insolvency Act 1986, or
(b) it is an unregistered company which is deemed, as a result of any of sections 222 to 224 of the Insolvency Act 1986, to be so unable for the purposes of section 221 of that Act, or which would be so deemed if it were an unregistered company for the purposes of those sections.
(1) The housing administrator of a registered provider—
(a) is an officer of the court, and
(b) in carrying out functions in relation to the registered provider, is the registered provider's agent.
(2) The housing administrator of a registered provider must aim to achieve the objectives of the housing administration as quickly and as efficiently as is reasonably practicable.
(3) A person is not to be the housing administrator of a registered provider unless qualified to act as an insolvency practitioner in relation to the registered provider.
(4) If the court appoints two or more persons as the housing administrator of a registered provider, the appointment must set out—
(a) which (if any) of the functions of a housing administrator are to be carried out only by the appointees acting jointly,
(b) the circumstances (if any) in which functions of a housing administrator are to be carried out by one of the appointees, or by particular appointees, acting alone, and
(c) the circumstances (if any) in which things done in relation to one of the appointees, or in relation to particular appointees, are to be treated as done in relation to all of them.
(1) Schedule 5 contains provision applying the provisions of Schedule B1 to the Insolvency Act 1986, and certain other legislation, to housing administration orders in relation to companies.
(2) The Secretary of State may by regulations provide for any provision of Schedule B1 to the Insolvency Act 1986 or any other insolvency legislation to apply, with or without modifications, to cases where a housing administration order is made in relation a limited liability partnership, to a registered society or a charitable incorporated organisation.
(3) The Secretary of State may by regulations modify any insolvency legislation as it applies in relation a limited liability partnership, to a registered society or a charitable incorporated organisation if the Secretary State considers the modifications are appropriate in connection with any provision made by or under this Chapter.
(4) In subsection (3) “insolvency legislation” means—
(a) the Insolvency Act 1986, or
(b) any other legislation (whenever passed or made) that relates to insolvency or makes provision by reference to anything that is or may be done under the Insolvency Act 1986.
(5) The power to make rules under section 411 of the Insolvency Act 1986 is to apply for the purpose of giving effect to this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act (and, accordingly, as if references in that section to those Parts included references to this Chapter).
(6) Section 413(2) of the Insolvency Act 1986 (duty to consult Insolvency Rules Committee about rules) does not apply to rules made under section 411 of that Act as a result of this section.
103 Housing administrator may sell land free from planning obligations
(1) If the housing administrator of a registered provider disposes of land that is the subject of a planning obligation that contains relevant terms, the relevant terms are not binding on the person to whom the land is disposed of or any successor in title.
(2) In this section—
“disposes of”, in relation to land, means sells a freehold or leasehold interest in the land or grants a lease of the land;
“planning obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990 (whether entered into before or after this section comes into force);
“relevant terms” in relation to a planning obligation, means any restrictions or requirements imposed by the planning obligation that are expressed not to apply in the event that the land is disposed of by a mortgagee.
(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,
(aa) a limited liability partnership,
(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).
(2A) A notice under subsection (2) must—
(a) be given in writing,
(b) be signed by, or on behalf of, the petitioner,
(c) specify the date the petition was presented, and
(d) contain a copy of the petition.
(2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (2A).
(2C) The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
(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.
(1) This section applies to a private registered provider that is—
(a) a company,
(aa) a limited liability partnership,
(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 registered provider has no power to pass a resolution for voluntary winding up without the permission of the court.
(3) Permission may be granted by the court only on an application made by the registered provider.
(4) The court may not grant permission unless—
(a) notice of the application 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).
(4A) A notice under subsection (4) must—
(a) be given in writing,
(b) be signed by, or on behalf of, the registered provider,
(c) specify the date the application was made, and
(d) contain a copy of the application.
(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).
(4C) The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
(5) If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 after an application for permission under this section has been made and before it is granted, the court may exercise its powers under section 100.
(6) The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (4)(a).
(7) The Regulator of Social Housing may waive the notice requirement under subsection (4)(a) only with the consent of the Secretary of State.
(8) In this section “a resolution for voluntary winding up” has the same meaning as in the Insolvency Act 1986.
(1) This section applies if a person other than the Secretary of State makes an ordinary administration application in relation to a private registered provider that is—
(a) a company, ...
(aa) a limited liability partnership, or
(b) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
(2) The court must dismiss the application if—
(a) a housing administration order is in force in relation to the registered provider, or
(b) a housing administration order has been made in relation to the registered provider but is not yet in force.
(3) If subsection (2) does not apply, the court, on hearing the application, must not exercise its powers under paragraph 13 of Schedule B1 to the Insolvency Act 1986 (other than its power of adjournment) unless—
(a) either—
(i) notice of the application 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
(ii) the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i), and
(b) there is no application for a housing administration order which is outstanding.
(3A) A notice under subsection (3) must—
(a) be given in writing,
(b) be signed by, or on behalf of, the person who made the ordinary administration application,
(c) specify the date the application was made, and
(d) contain a copy of the application.
(3B) Subsection (3C) applies if a person gives a notice purporting to be a notice under subsection (3) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (3A).
(3C) The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
(4) The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (3)(a).
(5) Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for a housing administration order.
(6) On the making of a housing administration order in relation to a registered provider, the court must dismiss any ordinary administration application made in relation to the registered provider which is outstanding.
(7) The Regulator of Social Housing may waive the notice requirement under subsection (3)(a)(i) only with the consent of the Secretary of State.
(8) In this section “ordinary administration application” means an application in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986.
(1) Subsections (2) to (4) make provision about appointments under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (powers to appoint administrators) in relation to a private registered provider that is—
(a) a company, ...
(aa) a limited liability partnership, or
(b) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
(2) If in any case—
(a) a housing administration order is in force in relation to the registered provider,
(b) a housing administration order has been made in relation to the registered provider but is not yet in force, or
(c) an application for a housing administration order in relation to the registered provider is outstanding,
a person may not take any step to make an appointment.
(3) In any other case, an appointment takes effect only if each of the following conditions are met.
(4) The conditions are—
(a) either—
(i) that notice of the appointment has been given to the Regulator of Social Housing ... and that a period of 28 days has elapsed since that notice was given, or
(ii) that the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i),
(b) that there is no outstanding application to the court for a housing administration order in relation to the registered provider, and
(c) that the making of an application for a housing administration order in relation to the registered provider has not resulted in the making of a housing administration order which is in force or is still to come into force.
(4A) A notice under subsection (4) must—
(a) be given in writing,
(b) be signed by, or on behalf of, the person making the appointment,
(c) specify the date the appointment was made, and
(d) contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986.
(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).
(4C) The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
(5) The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (4)(a) ....
(6) The Regulator of Social Housing may waive the notice requirement under subsection (4)(a)(i) only with the consent of the Secretary of State.
(7) Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for a housing administration order at any time before the appointment takes effect.
(1) This section applies in relation to a private registered provider ...
(2) A person may not take any step to enforce a security over property of the registered provider unless—
(a) notice of the intention to do so has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since the notice was given, or
(b) the Regulator of Social Housing has waived the notice requirement in paragraph (a).
(2A) A notice under subsection (2) must—
(a) be given in writing, and
(b) be signed by, or on behalf of, the person intending to enforce the security.
(2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirement of paragraph (b) of subsection (2A).
(2C) The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).
(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.
109 Grants and loans where housing administration order is made
(1) If a housing administration order has been made in relation to a registered provider, the Secretary of State may make grants or loans to the registered provider of such amounts as appear to the Secretary of State appropriate for achieving the objectives of the housing administration.
(2) A grant under this section may be made on any terms and conditions the Secretary of State considers appropriate (including provision for repayment, with or without interest).
110 Indemnities where housing administration order is made
(1) If a housing administration order has been made in relation to a registered provider, the Secretary of State may agree to indemnify persons in respect of one or both of the following—
(a) liabilities incurred in connection with the carrying out of functions by the housing administrator, and
(b) loss or damage sustained in that connection.
(2) The agreement may be made in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
(3) As soon as practicable after agreeing to indemnify persons under this section, the Secretary of State must lay a statement of the agreement before Parliament.
(4) For repayment of sums paid by the Secretary of State in consequence of an indemnity agreed to under this section, see section 111.
(5) The power of the Secretary of State to agree to indemnify persons—
(a) is confined to a power to agree to indemnify persons in respect of liabilities, loss and damage incurred or sustained by them as relevant persons, but
(b) includes power to agree to indemnify persons (whether or not they are identified or identifiable at the time of the agreement) who subsequently become relevant persons.
(6) The following are relevant persons for the purposes of this section—
(a) the housing administrator,
(b) an employee of the housing administrator,
(c) a partner or employee of a firm of which the housing administrator is a partner,
(d) a partner or employee of a firm of which the housing administrator is an employee,
(e) a partner of a firm of which the housing administrator was an employee or partner at a time when the order was in force,
(f) a body corporate which is the employer of the housing administrator,
(g) an officer, employee or member of such a body corporate, and
(h) a Scottish firm which is the employer of the housing administrator or of which the housing administrator is a partner.
(7) For the purposes of subsection (6)—
(a) references to the housing administrator are to be read, where two or more persons are appointed as the housing administrator, as references to any one or more of them, and
(b) references to a firm of which a person was a partner or employee at a particular time include a firm which holds itself out to be the successor of a firm of which the person was a partner or employee at that time.
111 Indemnities: repayment by registered provider etc
(1) This section applies where a sum is paid out by the Secretary of State in consequence of an indemnity agreed to under section 110 in relation to the housing administrator of a registered provider.
(2) The registered provider must pay the Secretary of State—
(a) such amounts in or towards the repayment to the Secretary of State of that sum as the Secretary of State may direct, and
(b) interest on amounts outstanding under this subsection at such rates as the Secretary of State may direct.
(3) The payments must be made by the registered provider at such times and in such manner as the Secretary of State may determine.
(4) Subsection (2) does not apply in the case of a sum paid by the Secretary of State for indemnifying a person in respect of a liability to the registered provider.
(5) The Secretary of State must lay before Parliament a statement, relating to the sum paid out in consequence of the indemnity—
(a) as soon as practicable after the end of the financial year in which the sum is paid out, and
(b) if subsection (2) applies to the sum, as soon as practicable after the end of each subsequent financial year in relation to which the repayment condition has not been met.
(6) The repayment condition is met in relation to a financial year if—
(a) the whole of the sum has been repaid to the Secretary of State before the beginning of the year, and
(b) the registered provider was not at any time during the year liable to pay interest on amounts that became due in respect of the sum.
112 Guarantees where housing administration order is made
(1) If a housing administration order has been made in relation to a registered provider the Secretary of State may guarantee—
(a) the repayment of any sum borrowed by the registered provider while that order is in force,
(b) the payment of interest on any sum borrowed by the registered provider while that order is in force, and
(c) the discharge of any other financial obligation of the registered provider in connection with the borrowing of any sum while that order is in force.
(2) The Secretary of State may give the guarantees in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
(3) As soon as practicable after giving a guarantee under this section, the Secretary of State must lay a statement of the guarantee before Parliament.
(4) For repayment of sums paid by the Secretary of State under a guarantee given under this section, see section 113.
113 Guarantees: repayment by registered provider etc
(1) This section applies where a sum is paid out by the Secretary of State under a guarantee given by the Secretary of State under section 112 in relation to a registered provider.
(2) The registered provider must pay the Secretary of State—
(a) such amounts in or towards the repayment to the Secretary of State of that sum as the Secretary of State may direct, and
(b) interest on amounts outstanding under this subsection at such rates as the Secretary of State may direct.
(3) The payments must be made by the registered provider at such times, and in such manner, as the Secretary of State may from time to time direct.
(4) The Secretary of State must lay before Parliament a statement, relating to the sum paid out under the guarantee—
(a) as soon as practicable after the end of the financial year in which the sum is paid out, and
(b) as soon as practicable after the end of each subsequent financial year in relation to which the repayment condition has not been met.
(5) The repayment condition is met in relation to a financial year if—
(a) the whole of the sum has been repaid to the Secretary of State before the beginning of the year, and
(b) the registered provider was not at any time during the year liable to pay interest on amounts that became due in respect of the sum.
114 Modification of this Chapter under the Enterprise Act 2002
(1) The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of this Chapter as the Secretary of State considers appropriate in connection with any other provision made under that section.
(2) Those sections are—
(a) sections 248 and 277 of the Enterprise Act 2002 (amendments consequential on that Act), and
(b) section 254 of the Enterprise Act 2002 (power to apply insolvency law to foreign companies).
(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 company registered under the Companies Act 2006, or
an unregistered company;
“the court”, in relation to a company , limited liability partnership or registered society, means the court having jurisdiction to wind up the company , limited liability partnership or registered society;
...
“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—
an Act,
an Act of the Scottish Parliament,
Northern Ireland legislation, or
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;
...
“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,
(aa) in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),
(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).
(1) This section makes provision about the application of this Chapter to Northern Ireland.
(2) Any reference to any provision of the Insolvency Act 1986 is to have effect as a reference to the corresponding provision of the Insolvency (Northern Ireland) Order 1989.
(3) Section 116(3) is to have effect as if the reference to Northern Ireland were to England and Wales or Scotland.
122 Electrical safety standards for residential properties let by landlords
(1) The Secretary of State may by regulations impose duties on a ... landlord of residential premises in England to whom this section applies for the purposes of ensuring that electrical safety standards are met during any period when the premises are occupied under a tenancy.
(1A) This section applies to a landlord who is—
(a) a private landlord, or
(b) a registered provider of social housing.
(2) “Electrical safety standards” means standards specified in, or determined in accordance with, the regulations in relation to—
(a) the installations in the premises for the supply of electricity, or
(b) electrical fixtures, fittings or appliances provided by the landlord.
(3) The duties imposed on the landlord may include duties to ensure that a qualified person has checked that the electrical safety standards are met.
(4) The regulations may make provision about—
(a) how and when checks are carried out;
(b) who is qualified to carry out checks.
(5) The regulations may require the landlord—
(a) to obtain a certificate from the qualified person confirming that electrical safety standards are met, and
(b) to give a copy of a certificate to the tenant, or a prospective tenant, or any other person specified in the regulations.
(6) In this section—
“premises” includes land, buildings, moveable structures, vehicles and vessels;
“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);
“residential premises” means premises all or part of which comprise a dwelling;
“tenancy” includes a licence to occupy (and “landlord” is to be read accordingly).
(1) Regulations under section 122 may provide for covenants to be implied into a tenancy.
(2) Regulations under that section—
(a) may make provision about the enforcement of a duty imposed by the regulations;
(b) may confer functions on a local housing authority in England.
(3) The provision that may be made about enforcement includes provision—
(a) requiring a landlord who fails to comply with a duty imposed by the regulations to pay a financial penalty (or more than one penalty in the event of a continuing failure);
(b) conferring power on a local housing authority to arrange for a person to enter on the premises, with the consent of the tenant, to remedy any failure by the landlord to comply with a duty imposed by the regulations.
(4) The provision that may be made in reliance on subsection (3)(a) includes provision—
(a) about the procedure to be followed in imposing penalties;
(b) about the amount of penalties;
(c) conferring rights of appeal against penalties;
(d) for the enforcement of penalties;
(e) about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).
(5) The provision that may be made in reliance on subsection (3)(b) includes provision—
(a) about procedural matters;
(b) enabling a local housing authority to recover from the landlord any costs incurred by it in remedying the failure;
(c) about the application of costs recovered (and such provision may permit or require the payment of sums into the Consolidated Fund).
(6) In this section “local housing authority” has the meaning given by section 1 of the Housing Act 1985.
(1) In section 8 of the Housing Act 1985 (periodical review of housing needs), after subsection (2) insert—
(3) In the case of a local housing authority in England, the duty under subsection (1) includes a duty to consider the needs of people residing in or resorting to their district with respect to the provision of—
(a) sites on which caravans can be stationed, or
(b) places on inland waterways where houseboats can be moored.
(4) In subsection (3)—
“caravan” has the meaning given by section 29 of the Caravan Sites and Control of Development Act 1960;
“houseboat” means a boat or similar structure designed or adapted for use as a place to live.
(2) In the Housing Act 2004 omit sections 225 and 226 (accommodation needs of gypsies and travellers).
(1) The Housing Act 2004 is amended as follows.
(2) In section 212 (tenancy deposit schemes), after subsection (6) insert—
(6A) For further provision about what must be included in the arrangements, see section 212A.
(3) After section 212 insert—
Provision of information to local authorities
212A (1) Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—
(a) to give a local housing authority in England any specified information that they request, or
(b) to provide facilities for the sharing of specified information with a local housing authority in England.
(2) In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.
(3) Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.
(4) Arrangements made by virtue of this section may include supplementary provision, for example about—
(a) the form or manner in which any information is to be provided,
(b) the time or times at which it is to be provided, and
(c) the notification of anyone to whom the information relates.
(5) Information obtained by a local housing authority by virtue of this section may be used only—
(a) for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises, or
(b) for the purpose of investigating whether an offence has been committed under any of those Parts in relation to any premises.
(6) Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).
(7) The Secretary of State may by regulations amend the list of purposes in subsection (5).
(4) In section 250(6) (affirmative instruments), after paragraph (b) insert—
(ba) regulations under section 212A,
.
129 Use of information obtained for certain other statutory purposes
(1) The Housing Act 2004 is amended as follows.
(2) In section 237 (use of information obtained for certain other statutory purposes) after subsection (2) insert—
(3) The Secretary of State may by regulations amend this section so as to change the list of purposes for which a local housing authority in England may use information to which it applies.
(3) In section 250(6) (affirmative instruments), after paragraph (c) insert—
(ca) regulations under section 237,
.
130 Tenants' associations: power to request information about tenants
After section 29 of the Landlord and Tenant Act 1985 insert—
Tenants' associations: power to request information about tenants
29A (1) The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants.
(2) The regulations may—
(a) make provision about the tenants about whom information must be provided and what information must be provided;
(b) require a landlord to seek the consent of a tenant to the provision of information about that tenant;
(c) require a landlord to identify how many tenants have not consented.
(3) The regulations may—
(a) authorise a landlord to charge costs specified in or determined in accordance with the regulations;
(b) impose time limits on a landlord for the taking of any steps under the regulations;
(c) make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice);
(d) make other provision as to the procedure in connection with anything authorised or required by the regulations.
(4) The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.
(5) The regulations may include supplementary, incidental, transitional or saving provision.
(6) Regulations under this section are to be made by statutory instrument.
(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section—
“relevant tenants' association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England;
“relevant qualifying tenant” means—
a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or
a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association;
“qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.
131 Limitation of administration charges: costs of proceedings
In Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (administration charges), after paragraph 5 insert—
Limitation of administration charges: costs of proceedings
5A (1) A tenant of a dwelling in England may apply to the relevant court or tribunal for an order reducing or extinguishing the tenant's liability to pay a particular administration charge in respect of litigation costs.
(2) The relevant court or tribunal may make whatever order on the application it considers to be just and equitable.
(3) In this paragraph—
(a) “litigation costs” means costs incurred, or to be incurred, by the landlord in connection with proceedings of a kind mentioned in the table, and
(b) “the relevant court or tribunal” means the court or tribunal mentioned in the table in relation to those proceedings.
Proceedings to which costs relate | “The relevant court or tribunal”
Court proceedings | The court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, the county court
First-tier Tribunal proceedings | The First-tier Tribunal
Upper Tribunal proceedings | The Upper Tribunal
Arbitration proceedings | The arbitral tribunal or, if the application is made after the proceedings are concluded, the county court.
(1) Before section 25 of the Estate Agents Act 1979 insert—
Lead enforcement authority
24A (1) In this Act “the lead enforcement authority” means—
(a) the Secretary of State, or
(b) a person whom the Secretary of State has arranged to be the lead enforcement authority in accordance with subsection (2).
(2) The Secretary of State may make arrangements for one of the following to be the lead enforcement authority for the purposes of this Act (for the whole of the United Kingdom) instead of the Secretary of State—
(a) a local weights and measures authority in Great Britain, or
(b) the Department of Enterprise, Trade and Investment in Northern Ireland.
(3) The arrangements—
(a) may include provision for payments by the Secretary of State;
(b) may include provision about bringing the arrangements to an end.
(4) The Secretary of State may by regulations made by statutory instrument make transitional provision for when there is a change in the lead enforcement authority.
(5) The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time.
(2) In section 26(1) of that Act (enforcement authorities), in paragraph (c), for “Department of Commerce for Northern Ireland” substitute “ Department of Enterprise, Trade and Investment in Northern Ireland ”.
(3) In section 33(1) of that Act (general interpretation), for the definition of “the lead enforcement authority” substitute—
“the lead enforcement authority” has the meaning given by section 24A;
.
(4) In paragraph 13(9) of Schedule 5 to the Consumer Rights Act 2015 (powers under Part 3 of that Schedule to be exercisable for the purposes of certain functions of the lead enforcement authority) after “Great Britain” insert “ , the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State ”.
133 Power to require property agents to join client money protection schemes
(1) The Secretary of State may by regulations require a property agent to be a member of—
(a) a client money protection scheme approved by the Secretary of State for the purpose of the regulations, or
(b) a government administered client money protection scheme that is designated by the Secretary of State for the purpose of the regulations.
(2) The regulations may impose requirements about the nature of the membership that a property agent must obtain (for example, by requiring a property agent to obtain membership that results in a particular level of compensation being available).
(3) The regulations shall—
(a) require a property agent to obtain a certificate confirming the property agent's membership of the scheme;
(b) require the property agent to display or publish the certificate in accordance with the regulations;
(c) require the property agent to produce a copy of the certificate, on request, in accordance with the regulations.
(4) In this section—
“client money protection scheme” means a scheme which enables a person on whose behalf a property agent holds money to be compensated if all or part of that money is not repaid in circumstances in which the scheme applies;
“government administered client money protection scheme” means a client money protection scheme that is administered by or on behalf of the Secretary of State;
“property agent” means—
a person who engages in English letting agency work within the meaning of section 54, or
a person who engages in English property management work within the meaning of section 55,
other than a person who engages in that work in the course of the person's employment under a contract of employment.
134 Client money protection schemes: approval or designation
(1) The Secretary of State may by regulations make provision about the approval or designation of client money protection schemes for the purposes of regulations under section 133.
(2) The regulations may, in particular, make provision about—
(a) the making of applications for approval,
(b) conditions which must be satisfied before approval may be given or a scheme may be designated;
(c) conditions which must be complied with by administrators of approved or designated client money protection schemes (including conditions requiring the issue of certificates for the purposes of regulations under section 133(3) and about the form of those certificates);
(d) the withdrawal of approval or revocation of a designation.
(3) Regulations under this section may confer a discretion on the Secretary of State in connection with—
(a) the approval or designation of a client money protection scheme,
(b) conditions which must be complied with by the administrator of such a scheme,
(c) the amendment of such a scheme, or
(d) the withdrawal of approval or revocation of designation of such a scheme.
135 Enforcement of client money protection scheme regulations
(1) The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section 133.
(2) The regulations may—
(a) confer functions on a local authority in England;
(b) require a property agent who fails to comply with a duty imposed by regulations under 133 to pay a financial penalty (or more than one penalty in the event of a continuing failure).
(3) The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State or the lead enforcement authority (if not the Secretary of State).
(4) The provision that may be made under subsection (2)(b) includes provision—
(a) about the procedure to be followed in imposing penalties;
(b) about the amount of penalties;
(c) conferring rights of appeal against penalties;
(d) for the enforcement of penalties;
(e) authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions (whether or not the function is expressed to be a function of a local weights and measures authority).
(5) In this section “local authority in England” means a local weights and measures authority in England.
(6) For provisions about enforcement of regulations under section 133 or 134 or under this section by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.
(7) In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.
136 Enfranchisement and extension of long leaseholds: calculations
Schedule 10 changes the method of calculating certain amounts under—
(a) the Leasehold Reform Act 1967, and
(b) the Leasehold Reform, Housing and Urban Development Act 1993.
(1) The Rentcharges Act 1977 is amended as follows.
(2) In section 9(4)(a), after “in accordance with” insert “ regulations under ”.
(3) In section 10, for subsection (1) substitute—
(1) For the purposes of section 9 above, the redemption price for a rentcharge is to be calculated in accordance with regulations made by the Secretary of State.
(4) In section 12(2), after “such” insert “ transitional, ”.
(5) The amendments made by this section apply in relation to cases where—
(a) an application for a redemption certificate is made under section 8 of the Rentcharges Act 1977 before this Act is passed, but
(b) the instructions for redemption have not been served on the applicant under section 9(4) of the Rentcharges Act 1977 before this Act is passed,
as well as to cases involving an application for a redemption certificate made after this Act is passed.
In section 61G of the Town and Country Planning Act 1990 (meaning of “neighbourhood area”), after subsection (11) insert—
(12) Regulations under subsection (11) may provide that where an application under this section—
(a) meets prescribed criteria, or
(b) has not been determined within a prescribed period,
the local planning authority must, except in prescribed cases or circumstances, exercise their powers under this section to designate the specified area as a neighbourhood area.
(13) The reference in subsection (12) to the designation of an area as a neighbourhood area includes the modification under subsection (6) of a designation already made.