Session 2015-16
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Notices of Amendments: 16 December 2015                  

8

 

Housing and Planning Bill, continued

 
 

administration orders) before a winding-up order is made on the petition, the

 

court may exercise its powers under section (Powers of court) (instead of

 

exercising its powers on the petition).

 

(4)    

The Regulator of Social Housing must give the Secretary of State a copy of any

 

notice given under subsection (2)(a).

 

(5)    

References in this section to the court’s powers on a winding-up petition are to—

 

(a)    

its powers under section 125 of the Insolvency Act 1986 (other than its

 

power of adjournment), and

 

(b)    

its powers under section 135 of the Insolvency Act 1986.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC15

 

Parliamentary Star    

To move the following Clause—

 

         

“Voluntary winding up

 

(1)    

This section applies to a private registered provider that is—

 

(a)    

a company,

 

(b)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014, or

 

(c)    

a charitable incorporated organisation within the meaning of Part 11 of

 

the Charities Act 2011.

 

(2)    

The registered provider has no power to pass a resolution for voluntary winding

 

up without the permission of the court.

 

(3)    

Permission may be granted by the court only on an application made by the

 

registered provider.

 

(4)    

The court may not grant permission unless—

 

(a)    

notice of the application has been given to the Regulator of Social

 

Housing, and

 

(b)    

a period of at least 28 days has elapsed since that notice was given.

 

(5)    

If an application for a housing administration order in relation to the registered

 

provider is made to the court in accordance with section (Applications for housing

 

administration orders) after an application for permission under this section has

 

been made and before it is granted, the court may exercise its powers under

 

section (Powers of court).

 

(6)    

The Regulator of Social Housing must give the Secretary of State a copy of any

 

notice given under subsection (4)(a).

 

(7)    

In this section “a resolution for voluntary winding up” has the same meaning as

 

in the Insolvency Act 1986.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 



 
 

Notices of Amendments: 16 December 2015                  

9

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

NC16

 

Parliamentary Star    

To move the following Clause—

 

         

“Making of ordinary administration orders

 

(1)    

This section applies if a person other than the Secretary of State makes an

 

ordinary administration application in relation to a private registered provider that

 

is—

 

(a)    

a company,

 

(b)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014, or

 

(c)    

a charitable incorporated organisation within the meaning of Part 11 of

 

the Charities Act 2011.

 

(2)    

The court must dismiss the application if—

 

(a)    

a housing administration order is in force in relation to the registered

 

provider, or

 

(b)    

a housing administration order has been made in relation to the registered

 

provider but is not yet in force.

 

(3)    

If subsection (2) does not apply, the court, on hearing the application, must not

 

exercise its powers under paragraph 13 of Schedule B1 to the Insolvency Act

 

1986 (other than its power of adjournment) unless—

 

(a)    

notice of the application has been given to the Regulator of Social

 

Housing,

 

(b)    

a period of at least 28 days has elapsed since that notice was given, and

 

(c)    

there is no application for a housing administration order which is

 

outstanding.

 

(4)    

The Regulator of Social Housing must give the Secretary of State a copy of any

 

notice given under subsection (3)(a).

 

(5)    

Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium)

 

does not prevent, or require the permission of the court for, the making of an

 

application for a housing administration order.

 

(6)    

On the making of a housing administration order in relation to a registered

 

provider, the court must dismiss any ordinary administration application made in

 

relation to the registered provider which is outstanding.

 

(7)    

In this section “ordinary administration application” means an application in

 

accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC17

 

Parliamentary Star    

To move the following Clause—

 

         

“Administrator appointments by creditors

 

(1)    

Subsections (2) to (4) make provision about appointments under paragraph 14 or

 

22 of Schedule B1 to the Insolvency Act 1986 (powers to appoint administrators)

 

in relation to a private registered provider that is—

 

(a)    

a company,


 
 

Notices of Amendments: 16 December 2015                  

10

 

Housing and Planning Bill, continued

 
 

(b)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014, or

 

(c)    

a charitable incorporated organisation within the meaning of Part 11 of

 

the Charities Act 2011.

 

(2)    

If in any case—

 

(a)    

a housing administration order is in force in relation to the registered

 

provider,

 

(b)    

a housing administration order has been made in relation to the registered

 

provider but is not yet in force, or

 

(c)    

an application for a housing administration order in relation to the

 

registered provider is outstanding,

 

    

a person may not take any step to make an appointment.

 

(3)    

In any other case, an appointment takes effect only if each of the following

 

conditions are met.

 

(4)    

The conditions are—

 

(a)    

that notice of the appointment has been given to the Regulator of Social

 

Housing, accompanied by a copy of every document in relation to the

 

appointment that is filed or lodged with the court in accordance with

 

paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986,

 

(b)    

that a period of 28 days has elapsed since that notice was given,

 

(c)    

that there is no outstanding application to the court for a housing

 

administration order in relation to the registered provider, and

 

(d)    

that the making of an application for a housing administration order in

 

relation to the registered provider has not resulted in the making of a

 

housing administration order which is in force or is still to come into

 

force.

 

(5)    

The Regulator of Social Housing must give the Secretary of State a copy of any

 

notice given under subsection (4)(a) (and a copy of the accompanying

 

documents).

 

(6)    

Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium)

 

does not prevent, or require the permission of the court for, the making of an

 

application for a housing administration order at any time before the appointment

 

takes effect.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC18

 

Parliamentary Star    

To move the following Clause—

 

         

“Enforcement of security

 

(1)    

This section applies in relation to a private registered provider that is—

 

(a)    

a company,

 

(b)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014, or

 

(c)    

a charitable incorporated organisation within the meaning of Part 11 of

 

the Charities Act 2011

 

(2)    

A person may not take any step to enforce a security over property of the

 

registered provider unless—


 
 

Notices of Amendments: 16 December 2015                  

11

 

Housing and Planning Bill, continued

 
 

(a)    

notice of the intention to do so as been given to the Regulator of Social

 

Housing, and

 

(b)    

a period of at least 28 days has elapsed since the notice was given.

 

(3)    

In the case of a company which is a foreign company, the reference to the

 

property of the company is to its property in the United Kingdom.

 

(4)    

The Regulator of Social Housing must give the Secretary of State a copy of any

 

notice given under subsection (2)(a).”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC19

 

Parliamentary Star    

To move the following Clause—

 

         

“Grants and loans where housing administration order is made

 

(1)    

If a housing administration order has been made in relation to a registered

 

provider, the Secretary of State may make grants or loans to the registered

 

provider of such amounts as appear to the Secretary of State appropriate for

 

achieving the objective of the housing administration.

 

(2)    

A grant under this section may be made on any terms and conditions the Secretary

 

of State considers appropriate (including provision for repayment, with or

 

without interest).”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC20

 

Parliamentary Star    

To move the following Clause—

 

         

“Indemnities where housing administration order is made

 

(1)    

If a housing administration order has been made in relation to a registered

 

provider, the Secretary of State may agree to indemnify persons in respect of one

 

or both of the following—

 

(a)    

liabilities incurred in connection with the carrying out of functions by the

 

housing administrator, and

 

(b)    

loss or damage sustained in that connection.

 

(2)    

The agreement may be made in whatever manner, and on whatever terms, the

 

Secretary of State considers appropriate.

 

(3)    

As soon as practicable after agreeing to indemnify persons under this section, the

 

Secretary of State must lay a statement of the agreement before Parliament.

 

(4)    

For repayment of sums paid by the Secretary of State in consequence of an

 

indemnity agreed to under this section, see section (Indemnities: repayment by

 

registered provider etc).

 

(5)    

The power of the Secretary of State to agree to indemnify persons—


 
 

Notices of Amendments: 16 December 2015                  

12

 

Housing and Planning Bill, continued

 
 

(a)    

is confined to a power to agree to indemnify persons in respect of

 

liabilities, loss and damage incurred or sustained by them as relevant

 

persons, but

 

(b)    

includes power to agree to indemnify persons (whether or not they are

 

identified or identifiable at the time of the agreement) who subsequently

 

become relevant persons.

 

(6)    

The following are relevant persons for the purposes of this section—

 

(a)    

the housing administrator,

 

(b)    

an employee of the housing administrator,

 

(c)    

a partner or employee of a firm of which the housing administrator is a

 

partner,

 

(d)    

a partner or employee of a firm of which the housing administrator is an

 

employee,

 

(e)    

a partner of a firm of which the housing administrator was an employee

 

or partner at a time when the order was in force,

 

(f)    

a body corporate which is the employer of the housing administrator,

 

(g)    

an officer, employee or member of such a body corporate, and

 

(h)    

a Scottish firm which is the employer of the housing administrator or of

 

which the housing administrator is a partner.

 

(7)    

For the purposes of subsection (6)—

 

(a)    

references to the housing administrator are to be read, where two or more

 

persons are appointed as the housing administrator, as references to any

 

one or more of them, and

 

(b)    

references to a firm of which a person was a partner or employee at a

 

particular time include a firm which holds itself out to be the successor

 

of a firm of which the person was a partner or employee at that time.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC21

 

Parliamentary Star    

To move the following Clause—

 

         

“Indemnities: repayment by registered provider etc

 

(1)    

This section applies where a sum is paid out by the Secretary of State in

 

consequence of an indemnity agreed to under section (Indemnities where housing

 

administration order is made) in relation to the housing administrator of a

 

registered provider.

 

(2)    

The registered provider must pay the Secretary of State—

 

(a)    

such amounts in or towards the repayment to the Secretary of State of that

 

sum as the Secretary of State may direct, and

 

(b)    

interest on amounts outstanding under this subsection at such rates as the

 

Secretary of State may direct.

 

(3)    

The payments must be made by the registered provider at such times and in such

 

manner as the Secretary of State may determine.

 

(4)    

Subsection (2) does not apply in the case of a sum paid by the Secretary of State

 

for indemnifying a person in respect of a liability to the registered provider.

 

(5)    

The Secretary of State must lay before Parliament a statement, relating to the sum

 

paid out in consequence of the indemnity—


 
 

Notices of Amendments: 16 December 2015                  

13

 

Housing and Planning Bill, continued

 
 

(a)    

as soon as practicable after the end of the financial year in which the sum

 

is paid out, and

 

(b)    

if subsection (2) applies to the sum, as soon as practicable after the end

 

of each subsequent financial year in relation to which the repayment

 

condition has not been met.

 

(6)    

The repayment condition is met in relation to a financial year if—

 

(a)    

the whole of the sum has been repaid to the Secretary of State before the

 

beginning of the year, and

 

(b)    

the registered provider was not at any time during the year liable to pay

 

interest on amounts that became due in respect of the sum.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC22

 

Parliamentary Star    

To move the following Clause—

 

         

“Guarantees where housing administration order is made

 

(1)    

If a housing administration order has been made in relation to a registered

 

provider the Secretary of State may guarantee—

 

(a)    

the repayment of any sum borrowed by the registered provider while that

 

order is in force,

 

(b)    

the payment of interest on any sum borrowed by the registered provider

 

while that order is in force, and

 

(c)    

the discharge of any other financial obligation of the registered provider

 

in connection with the borrowing of any sum while that order is in force.

 

(2)    

The Secretary of State may give the guarantees in whatever manner, and on

 

whatever terms, the Secretary of State considers appropriate.

 

(3)    

As soon as practicable after giving a guarantee under this section, the Secretary

 

of State must lay a statement of the guarantee before Parliament.

 

(4)    

For repayment of sums paid by the Secretary of State under a guarantee given

 

under this section, see section (Guarantees: repayment by registered provider

 

etc).”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC23

 

Parliamentary Star    

To move the following Clause—

 

         

“Guarantees: repayment by registered provider etc

 

(1)    

This section applies where a sum is paid out by the Secretary of State under a

 

guarantee given by the Secretary of State under section (Guarantees where

 

housing administration order is made) in relation to a registered provider.

 

(2)    

The registered provider must pay the Secretary of State—


 
 

Notices of Amendments: 16 December 2015                  

14

 

Housing and Planning Bill, continued

 
 

(a)    

such amounts in or towards the repayment to the Secretary of State of that

 

sum as the Secretary of State may direct, and

 

(b)    

interest on amounts outstanding under this subsection at such rates as the

 

Secretary of State may direct.

 

(3)    

The payments must be made by the registered provider at such times, and in such

 

manner, as the Secretary of State may from time to time direct.

 

(4)    

The Secretary of State must lay before Parliament a statement, relating to the sum

 

paid out under the guarantee—

 

(a)    

as soon as practicable after the end of the financial year in which the sum

 

is paid out, and

 

(b)    

as soon as practicable after the end of each subsequent financial year in

 

relation to which the repayment condition has not been met.

 

(5)    

The repayment condition is met in relation to a financial year if—

 

(a)    

the whole of the sum has been repaid to the Secretary of State before the

 

beginning of the year, and

 

(b)    

the registered provider was not at any time during the year liable to pay

 

interest on amounts that became due in respect of the sum.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC24

 

Parliamentary Star    

To move the following Clause—

 

         

“Modification of this Chapter under the Enterprise Act 2002

 

(1)    

The power to modify or apply enactments conferred on the Secretary of State by

 

each of the sections of the Enterprise Act 2002 mentioned in subsection (2)

 

includes power to make such consequential modifications of this Chapter as the

 

Secretary of State considers appropriate in connection with any other provision

 

made under that section.

 

(2)    

Those sections are—

 

(a)    

sections 248 and 277 of the Enterprise Act 2002 (amendments

 

consequential on that Act), and

 

(b)    

section 254 of the Enterprise Act 2002 (power to apply insolvency law to

 

foreign companies).”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

Nc25

 

Parliamentary Star    

To move the following Clause—

 

         

“Registered societies: ordinary administration procedure etc

 

In section 118 of the Co-operative and Community Benefit Societies Act 2014

 

(power to apply provisions about company arrangements and administration to


 
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Revised 17 December 2015