41U.K.The following provisions of the Insolvency Act 1986 are to have effect in the case of any housing administration with the following modifications.
Commencement Information
I1Sch. 5 para. 41 in force at 5.7.2018 by S.I. 2018/805, reg. 3(b)
42U.K.Section 5 (effect of approval of voluntary arrangements) is to have effect as if after subsection (4) there were inserted—
“(4A)Where the company is in housing administration, the court must not make an order or give a direction under subsection (3) unless—
(a)the court has given the Secretary of State or the Regulator of Social Housing a reasonable opportunity of making representations to it about the proposed order or direction, and
(b)the order or direction is consistent with the objectives of the housing administration.
(4B)In subsection (4A) “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 5 to the Housing and Planning Act 2016.”
Commencement Information
I2Sch. 5 para. 42 in force at 5.7.2018 by S.I. 2018/805, reg. 3(b)
43U.K.Section 6 (challenge of decisions in relation to voluntary arrangements) is to have effect as if—
(a)in subsection (2), for “this section” there were substituted “ subsection (1) ”,
(b)after that subsection there were inserted—
“(2AA)Subject to this section, where a voluntary arrangement in relation to a company in housing administration is approved at the meetings summoned under section 3, an application to the court may be made—
(a)by the Secretary of State, or
(b)with the consent of the Secretary of State, by the Regulator of Social Housing,
on the ground that the voluntary arrangement is not consistent with the achievement of the objectives of the housing administration.”,
(c)in subsection (4), after “subsection (1)” there were inserted “ or, in the case of an application under subsection (2AA), as to the ground mentioned in that subsection ”, and
(d)after subsection (7) there were inserted—
“(7A)In this section “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 5 to the Housing and Planning Act 2016.”
Commencement Information
I3Sch. 5 para. 43 in force at 5.7.2018 by S.I. 2018/805, reg. 3(b)
44U.K.In section 129(1A) (commencement of winding up), the reference to paragraph 13(1)(e) of Schedule B1 is to include section 100(1)(e) of this Act.
Commencement Information
I4Sch. 5 para. 44 in force at 5.7.2018 by S.I. 2018/805, reg. 3(b)