Social Housing (Regulation) Act 2023

Section 13

Schedule 1 Limited liability partnerships

Part 1 Amendments of the Housing and Planning Act 2016

Introductory

1 The Housing and Planning Act 2016 is amended as set out in paragraphs 2 to 9.

Extension of housing administration regime

2 In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—

“(ia) a limited liability partnership,”.

3 In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—

“(aa) in relation to a limited liability partnership, means a member of the partnership,”.

Restrictions on insolvency procedures

4 In section 102 (power to make regulations applying etc insolvency legislation), in subsections (2) and (3), after “relation to” insert “a limited liability partnership,”.

5 In section 104 (winding-up orders), after subsection (1)(a) insert—

“(aa) a limited liability partnership,”.

6 In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—

“(aa) a limited liability partnership,”.

7 In section 106 (ordinary administration orders)—

(a) in subsection (1), in paragraph (a), omit the final “or”;

(b) after that paragraph insert—

“(aa) a limited liability partnership, or”.

8 In section 107 (administrator appointments by creditors)—

(a) in subsection (1), in paragraph (a), omit the final “or”;

(b) after that paragraph insert—

“(aa) a limited liability partnership, or”.

Interpretation

9 In section 116 (interpretation of Chapter 5 of Part 2)—

(a) in subsection (1), in the definition of “the court”, after “company”, in each place it occurs, insert “, limited liability partnership”;

(b) in subsection (7), after paragraph (a) insert—

“(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),”.

Part 2 Amendments of the Housing and Regeneration Act 2008

Introductory

10 The Housing and Regeneration Act 2008 is amended as set out in paragraphs 11 to 20.

Notice of registration or de-registration

11 In section 120 (notice), in subsection (1)(c), after “charity)” insert “or a limited liability partnership”.

Accounts

12 (1) Section 129 (companies exempt from audit) is amended as follows.

(2) In the heading, after “companies” insert “or limited liability partnerships”.

(3) In subsection (1)(a), after “charity” insert “or is a limited liability partnership”.

(4) In subsection (2)—

(a) after “directors of the company” insert “or members of the limited liability partnership”;

(b) for “company’s”, in both places, substitute “registered provider’s”;

(c) for “which the company” substitute “which the registered provider”.

(5) In subsection (3), for “has the same meaning as in” substitute “means accounts prepared in accordance with”.

13 (1) Section 130 (exempt companies: accountant’s report) is amended as follows.

(2) In the heading, after “companies” insert “or limited liability partnerships”.

(3) In subsection (2), for “company’s” substitute “registered provider’s”.

(4) In subsection (3)(b), for “company” substitute “registered provider”.

(5) For subsection (6) substitute—

“(6) In this section and sections 131 and 132—

• “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

• “body corporate” includes a body incorporated outside the United Kingdom.”

14 In section 131 (exempt companies: reporting accountant)—

(a) in the heading, after “companies” insert “or limited liability partnerships”;

(b) in subsection (1), for “company”, in both places, substitute “registered provider”.

15 (1) Section 132 (application of Companies Act) is amended as follows.

(2) In subsection (1)—

(a) for “company” substitute “registered provider”;

(b) for “company’s” substitute “registered provider’s”.

(3) In subsection (2)(e)—

(a) for “454(4)(b)” substitute “454”;

(b) for the words from “provision” to the end substitute “section (revised accounts and reports),”.

16 In section 133 (exempt companies: extraordinary audit)—

(a) in the heading, after “companies” insert “or limited liability partnerships”;

(b) in subsections (1), (2) and (4), for “company”, in each place, substitute “registered provider”.

17 In section 141 (offences), in subsection (6), omit the words from “not” to the end.

Moratorium on disposal of land

18 In section 154 (implementation of regulator’s proposals), in subsection (2), after paragraph (aa) insert—

“(ab) in the case of a limited liability partnership, its members,”.

Arrangements and reconstructions

19 In section 160 (arrangements and reconstructions)—

(a) in the heading, after “company” insert “and limited liability partnership”;

(b) in subsection (1), after “company” insert “or a limited liability partnership”.

Meaning of “officer”

20 In section 270 (meaning of “officer” of a private registered provider), in the Table, after the entry relating to “Registered company” insert—

“Limited liability partnership

A member of the limited liability partnership”.