SCHEDULE 1CONSEQUENTIAL AMENDMENTS

Housing Act 1996 (c. 52)161

1

Part 1 of the Housing Act 1996 (registered social landlords) is amended as follows.

2

In the following provisions for “a company registered under the Companies Act 1985” substitute “ a company ”

a

section 2(1)(c) (eligibility for registration);

b

sections 40(3) and (4) and 41(3) and (4) (notices to be given of steps to enforce security, winding up etc);

c

section 58(2) (definitions relating to charities: references to company not to include registered charity);

d

section 59(1)(a) (meaning of “officer”: registered charity that is not a company).

3

In the following provisions for “a company registered under the Companies Act 1985 (including such a company which is also a registered charity)” substitute “ a company (including a company that is a registered charity) ”

a

section 3(3)(c) (registration);

b

section 4(6)(c) (removal from register);

c

section 6(3)(c) (appeal against decision on removal).

4

In section 45(3)(b) (duty of directors to co-operate in implementation of proposals), for “a company registered under the Companies Act 1985 (including a company which is a registered charity)” substitute “ a company (including a company that is a registered charity) ”.

5

In section 56(2)(c) (meaning of “the Relevant Authority”), for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.

6

In section 59(1)(c) (meaning of “officer”: company)—

a

for “a company registered under the Companies Act 1985 (including such a company which is also a registered charity)” substitute “ a company (including a company that is a registered charity) ”, and

b

for “that Act” substitute “ the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006) ”.

7

In sections 60(1)(c) and 61(2) (meaning of “subsidiary”), for “the Companies Act 1985” substitute “ the Companies Acts (see section 1159 of the Companies Act 2006) ”.

8

In section 63(1) (minor definitions)—

a

at the appropriate place insert—

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

b

in the definition of “registrar of companies” for “the Companies Act 1985” substitute “ the Companies Acts (see section 1060 of the Companies Act 2006) ”.

9

In section 64 (index of defined expressions)—

a

at the appropriate place insert—

company

section 63 (and see section 58(2))

b

omit the entry for “company registered under the Companies Act 1985”.

10

In Schedule 1 (regulation of registered social landlords)—

a

in paragraphs 1(3) M1, 2(1), 3(1) M2, 4(1)(c), 7(1) M3, 12(2)(c) and 13(1), for “a company registered under the Companies Act 1985” substitute “ a company ”;

b

in paragraph 4(2) M4, for paragraph (b) substitute—

b

he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002;

c

in paragraph 10(1)(a) for “a company incorporated under the Companies Act 1985” substitute “ a company ”;

d

in paragraph 11—

i

in the heading, for “memorandum or articles of association” substitute “ articles ”,

ii

in sub-paragraph (1) for “a company registered under the Companies Act 1985 (including such a company which is also a registered charity)” substitute “ a company (including a company that is a registered charity) ”, and

iii

in sub-paragraph (3) M5, for “memorandum or articles” substitute “ articles ”;

e

in paragraph 12(4)(b) M6 (amalgamation or dissolution), for the words from “section 30” to “1965)” substitute “ section 55(3) of the Industrial and Provident Societies Act 1965 ”;

f

in paragraph 14(1) (winding up)—

i

for paragraph (a) substitute—

a

a company (including a company that is a registered charity), or

ii

in paragraph (b) for “section 55(a)” substitute “ section 55(1)(a) ”;

g

in paragraph 15 (transfer of assets on dissolution or winding up)—

i

in sub-paragraph (1)(a), for “section 55(a) or (b)” substitute “ section 55(1)(a) or (b) ”;

ii

in sub-paragraph (1)(b) M7, for “a company registered under the Companies Act 1985 (including such a company which is also a registered charity)” substitute “ a company (including a company that is a registered charity) ”, and

iii

in sub-paragraph (2) M8, in the second sentence for “the Companies Act 1985” substitute “ the Companies Act 2006 ” and for “memorandum or articles of association” substitute “ articles ”.