The Charitable Incorporated Organisations (Notification Requirements: Social Housing) Regulations 2023

PART 3 Notification and related requirements

Conversion of a relevant body into a CIO

4.—(1) A relevant PRP must notify the Regulator of Social Housing(1) if it passes a relevant resolution to convert into a CIO.

(2) A relevant company that applies to the Commission to be converted into a CIO, and for the CIO’s registration as a charity, must supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with paragraph (1).

(3) The Commission must refuse such an application unless it is supplied with the statement mentioned in paragraph (2).

(4) In this regulation—

“relevant PRP” means a private registered provider of social housing that is—

(a)

a charitable company; or

(b)

a community interest company within the meaning of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004(2);

“relevant resolution” means—

(a)

in the case of a charitable company, a resolution that complies with section 228(4) of the 2011 Act;

(b)

in the case of a community interest company, a resolution that complies with any requirements imposed by the CIO regulations(3) with regard to resolutions to convert into a CIO.

Amalgamation of CIOs

5.—(1) A relevant CIO must notify the Regulator of Social Housing if it passes a resolution that complies with section 235(4) of the 2011 Act approving a proposed amalgamation with one or more other CIOs.

(2) Paragraph (3) applies where—

(a) any two or more CIOs (“the old CIOs”) make an application under section 235 of the Charities Act 2011; and

(b) at least one of those CIOs is a relevant CIO.

(3) The old CIOs must supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with paragraph (1).

(4) The Commission must refuse such an application unless it is supplied with the statement mentioned in paragraph (3).

Transfer of relevant CIO’s undertaking

6.—(1) This regulation applies where a relevant CIO passes a resolution that complies with section 240(3) of the 2011 Act that all its property, rights and liabilities are to be transferred to another CIO.

(2) The transferor CIO must—

(a) notify the Regulator of Social Housing of the resolution mentioned in paragraph (1); and

(b) supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with sub-paragraph (a).

(3) The Commission must refuse to confirm the resolution of the transferor CIO unless it is supplied with the statement mentioned in paragraph (2)(b).

Receipt of another CIO’s undertaking by a relevant CIO

7.—(1) This regulation applies where a CIO that is not a private registered provider of social housing passes a resolution that complies with section 240(3) of the 2011 Act that all its property, rights and liabilities are to be transferred to a relevant CIO.

(2) The relevant CIO must notify the Regulator of Social Housing of the resolution mentioned in paragraph (1).

(3) The transferor CIO must supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with paragraph (2).

(4) The Commission must refuse to confirm the resolution of the transferor CIO unless it is supplied with the statement mentioned in paragraph (3).

Voluntary arrangements

8.  A relevant CIO must notify the Regulator of Social Housing of any voluntary arrangement under Part 1 of the Insolvency Act 1986(4).

(1)

The Regulator of Social Housing was established by section 80A(1) of the Housing and Regeneration Act 2008.

(2)

2004 c. 27.

(3)

“CIO regulations” is defined in section 247 of the Charities Act 2011.

(4)

1986 c. 45.