# The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009, 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) , 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 ”;
(b) in paragraph 4(2) , 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) , for “memorandum or articles” substitute “ articles ”;
(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 ”;
(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) , 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) , in the second sentence for “the Companies Act 1985” substitute “ the Companies Act 2006 ” and for “memorandum or articles of association” substitute “ articles ”.

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Source: https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/161 (the official version)
Page: https://openlegislation.uk/companies-act-2006-consequential-amendments-transitional-provisions-and-savings-order-2009/schedule-1/paragraph-161
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.