Section 116 — Housing and Planning Act 2016: Interpretation of Chapter

Interpretation of Chapter 116 1 In this Chapter— “ business ”, “ member ”, “ property ” and “ security ” have the same meaning as in the Insolvency Act 1986; “ charitable incorporated organisation ” means a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011; “ company ” means—

a company registered under the Companies Act 2006, or an unregistered company; “ the court ”, in relation to a company , limited liability partnership or registered society, means the court having jurisdiction to wind up the company , limited liability partnership or registered society; ... “ housing administration order ” has the meaning given by section 95; “ housing administration rules ” means rules made under section 411 of the Insolvency Act 1986 as a result of section 102 above; “ housing administrator ” has the meaning given by section 95 and is to be read in accordance with subsection (2) below; “ financial year ” means a period of 12 months ending with 31 March; “ legislation ” includes provision made by or under—

an Act, an Act of the Scottish Parliament, Northern Ireland legislation, or a Measure or Act of the National Assembly for Wales; “ objectives of the housing administration ” is to be read in accordance with section 96(4); “ private registered provider ” means a private registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008); “ registered provider ” means a registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008); “ registered society ” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014; “ Regulator of Social Housing ” has the meaning given by section 92A of the Housing and Regeneration Act 2008; “ Scottish firm ” means a firm constituted under the law of Scotland; ... “ unregistered company ” means a company that is not registered under the Companies Act 2006.

2 In this Chapter references to the housing administrator of a registered provider—

a include a person appointed under paragraph 91 or 103 of Schedule B1 to the Insolvency Act 1986, as applied by Part 1 of Schedule 5 to this Act or regulations under section 102, to be the housing administrator of the registered provider, and b if two or more persons are appointed as the housing administrator of the registered provider, are to be read in accordance with the provision made under section 101.

3 References in this Chapter to a person qualified to act as an insolvency practitioner in relation to a registered provider are to be read in accordance with Part 13 of the Insolvency Act 1986, but as if references in that Part to a company included a company registered under the Companies Act 2006 in Northern Ireland.

4 For the purposes of this Chapter an application made to the court is outstanding if it—

a has not yet been granted or dismissed, and b has not been withdrawn.

5 An application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.

6 An appeal is to be treated as pending for this purpose if—

a an appeal has been brought and has not been determined or withdrawn, b an application for permission to appeal has been made but has not been determined or withdrawn, or c no appeal has been brought and the period for bringing one is still running.

7 References in this Chapter to a provision of the Insolvency Act 1986 (except the references in subsection (2) above)—

a in relation to a company, are to that provision without the modifications made by Part 1 of Schedule 5 to this Act, aa in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),

b in relation to a registered society, are to that provision as it applies to registered societies otherwise than by virtue of regulations under section 102 (if at all),

and c in relation to a charitable incorporated organisation, are to that provision as it applies to charitable incorporated organisations otherwise than by virtue of regulations under section 102 (if at all).