Paragraph 161 Housing Act 1996 (c. 52)

(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”, and

(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 ”.

Annotations

Marginal citations

M1: Paragraph 1(3) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7).
M2: Paragraph 3(1) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7).
M3: Paragraph 7(1) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7).
M4: Paragraph 4(2) was amended by the Insolvency Act 2000 (c.39), Schedule 4, paragraph 21(b).
M5: Paragraph 11(3) was amended by the Government of Wales Act 1998 (c.30), Schedule 16, paragraph 82(1)(b).
M6: Paragraph 12(4)(b) was amended by S.I. 2007/2194 (C.84), Schedule 4, paragraph 88(1) and (4).
M7: Paragraph 15(1)(b) was amended by the Housing Act 2004 (c.34), Schedule 11, paragraphs 7 and 15(1) and (2)
M8: Paragraph 15(2) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7) and the Government of Wales Act 1998 (c.30), Schedule 16, paragraph 82(1)(a).