{
  "url": "https://openlegislation.uk/companies-act-2006-consequential-amendments-transitional-provisions-and-savings-order-2009/schedule-1/paragraph-161",
  "json_url": "https://openlegislation.uk/companies-act-2006-consequential-amendments-transitional-provisions-and-savings-order-2009/schedule-1/paragraph-161.json",
  "legislation": "uksi/2009/1941",
  "legislation_title": "The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009",
  "legislation_url": "https://openlegislation.uk/companies-act-2006-consequential-amendments-transitional-provisions-and-savings-order-2009",
  "path": "schedule/1/paragraph/161",
  "kind": "paragraph",
  "number": "161",
  "heading": "Housing Act 1996 (c. 52)",
  "text": "(1) Part 1 of the Housing Act 1996 (registered social landlords) is amended as follows.\n(2) In the following provisions for “a company registered under the Companies Act 1985” substitute “ a company ”\n(a) section 2(1)(c) (eligibility for registration);\n(b) sections 40(3) and (4) and 41(3) and (4) (notices to be given of steps to enforce security, winding up etc);\n(c) section 58(2) (definitions relating to charities: references to company not to include registered charity);\n(d) section 59(1)(a) (meaning of “officer”: registered charity that is not a company).\n(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) ”\n(a) section 3(3)(c) (registration);\n(b) section 4(6)(c) (removal from register);\n(c) section 6(3)(c) (appeal against decision on removal).\n(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) ”.\n(5) In section 56(2)(c) (meaning of “the Relevant Authority”), for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.\n(6) In section 59(1)(c) (meaning of “officer”: company)—\n(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\n(b) for “that Act” substitute “ the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006) ”.\n(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) ”.\n(8) In section 63(1) (minor definitions)—\n(a) at the appropriate place insert—\n““company” means a company registered under the Companies Act 2006;”;\n(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) ”.\n(9) In section 64 (index of defined expressions)—\n(a) at the appropriate place insert—\n“\ncompany\nsection 63 (and see section 58(2))\n”;\n(b) omit the entry for “company registered under the Companies Act 1985”.\n(10) In Schedule 1 (regulation of registered social landlords)—\n(a) in paragraphs 1(3) , 2(1), 3(1) , 4(1)(c), 7(1) , 12(2)(c) and 13(1), for “a company registered under the Companies Act 1985” substitute “ a company ”;\n(b) in paragraph 4(2) , for paragraph (b) substitute—\n“(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;”;\n(c) in paragraph 10(1)(a) for “a company incorporated under the Companies Act 1985” substitute “ a company ”;\n(d) in paragraph 11—\n(i) in the heading, for “memorandum or articles of association” substitute “ articles ”,\n(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\n(iii) in sub-paragraph (3) , for “memorandum or articles” substitute “ articles ”;\n(e) in paragraph 12(4)(b) (amalgamation or dissolution), for the words from “section 30” to “1965)” substitute “ section 55(3) of the Industrial and Provident Societies Act 1965 ”;\n(f) in paragraph 14(1) (winding up)—\n(i) for paragraph (a) substitute—\n“(a) a company (including a company that is a registered charity), or”, and\n(ii) in paragraph (b) for “section 55(a)” substitute “ section 55(1)(a) ”;\n(g) in paragraph 15 (transfer of assets on dissolution or winding up)—\n(i) in sub-paragraph (1)(a), for “section 55(a) or (b)” substitute “ section 55(1)(a) or (b) ”;\n(ii) in sub-paragraph (1)(b) , 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\n(iii) in sub-paragraph (2) , in the second sentence for “the Companies Act 1985” substitute “ the Companies Act 2006 ” and for “memorandum or articles of association” substitute “ articles ”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "Paragraph 1(3) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Paragraph 3(1) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7)."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Paragraph 7(1) was amended by the Housing and Regeneration Act 2008 (c.17), section 61(1) and (7)."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "Paragraph 4(2) was amended by the Insolvency Act 2000 (c.39), Schedule 4, paragraph 21(b)."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "Paragraph 11(3) was amended by the Government of Wales Act 1998 (c.30), Schedule 16, paragraph 82(1)(b)."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "Paragraph 12(4)(b) was amended by S.I. 2007/2194 (C.84), Schedule 4, paragraph 88(1) and (4)."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "Paragraph 15(1)(b) was amended by the Housing Act 2004 (c.34), Schedule 11, paragraphs 7 and 15(1) and (2)"
    },
    {
      "type": "M",
      "label": "M8",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/161",
    "retrieved_at": "2026-10-29T03:08:17.871452+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}