The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15))

138.—(1) The Housing (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 3 (housing associations: interpretation), for the definition of “company” substitute—

““company” means a company registered under the Companies Act 2006;”.

(3) In Article 23(9)(c) and (11) (inquiries into affairs of registered housing associations), for “the Companies (Northern Ireland) Order 1986” substitute “the Companies Acts (see section 1159 of the Companies Act 2006)”.

(4) In Article 27 (winding up of registered housing associations), for “section 64(a)” substitute “section 64(1)(a)”.

(5) In Article 28(1) (transfer of net assets on winding up), for “paragraph (a) or (b)” substitute “subsection (1)(a) or (b)”.

(6) In Article 29 (restrictions on exercise of certain powers of registered housing associations)—

(a) in paragraph (3) for “the Companies (Northern Ireland) Order 1986” substitute “the Companies Act 2006”;

(b) for paragraph (4) substitute—

“(4) If, in pursuance of section 64(1)(a) of the 1969 Act, a registered housing association resolves by special resolution that it be wound up voluntarily under the Insolvency (Northern Ireland) Order 1989, the resolution has no effect unless—

(a) before the resolution was passed the Department gave its consent to its passing, and

(b) a copy of the consent is forwarded to the registrar together with a copy of the resolution required to be so forwarded in accordance with section 64(3) of the 1969 Act.”;

(c) in paragraph (5), for “section 64(b)” substitute “section 64(1)(b)”.