Section 104 — Housing and Planning Act 2016: Winding-up orders

Winding-up orders 104 1 This section applies if a person other than the Secretary of State petitions for the winding-up of a registered provider that is—

a a company, aa a limited liability partnership, 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 may not exercise its powers on a winding-up petition unless—

a notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or b the Regulator of Social Housing has waived the notice requirement in paragraph (a). 2A A notice under subsection (2) must—

a be given in writing, b be signed by, or on behalf of, the petitioner, c specify the date the petition was presented, and d contain a copy of the petition. 2B Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirements of any (or all) of paragraphs (b) , (c) or (d) of subsection (2A) . 2C The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).

3 If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 before a winding-up order is made on the petition, the court may exercise its powers under section 100 (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 The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.

6 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.