Article 3.11 Revision of housing administrator’s proposalsI1

England and Wales

(1)

Where paragraph 54(1) of Schedule B1^f1 applies, the housing administrator’s revised proposals must identify the proceedings and include—

(a)

any other trading names of the registered provider;

(b)

details of the housing administrator’s appointment, including—

(i)

the date of the appointment; and

(ii)

the person making the application or appointment;

(c)

details of the relevant officers and details of any interest in the registered provider which they may have;

(d)

a summary of the original proposals and the reason or reasons for the revised proposals;

(e)

details of the revised proposals, including details of the housing administrator’s assessment of the likely impact of the revised proposal upon creditors generally or upon each class of creditor;

(f)

where the revised proposals relate to the ending of the housing administration by a creditors’ voluntary winding up and the nomination of a person to be the proposed liquidator of the registered provider—

(i)

details of the proposed liquidator;

(ii)

where applicable, the declaration required by section 231 of the Act; and

(iii)

a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 and rule 3.42(6).

(g)

any other information that the housing administrator thinks necessary.

(2)

In accordance with paragraph 54(2) of Schedule B1, the housing administrator must send a copy of the revised proposals to the persons set out at paragraph 54 of Schedule B1 within 14 days after the housing administrator’s revision of those proposals.

(3)

Notice under paragraph 54(4) of Schedule B1 must—

(a)

be advertised in such manner as the housing administrator thinks fit; and

(b)

state that members may request in writing a copy of the revised proposals, and state the address to which to write.

(4)

As soon as reasonably practicable after sending the copy of the revised proposals in accordance with paragraph (2), the housing administrator must deliver a copy to the relevant registry accompanied by a notice which must contain—

(a)

identification details for the proceedings; and

(b)

the date of the revised proposals.

Annotations

Commencement

I1: Rule 3.11 in force at 5.7.2018, see rule 1.1

Footnotes

f1: Paragraph 54 is modified by paragraph 9 of Schedule 5 to the Housing and Planning Act 2016 and Schedule 1 and Schedule 2 to the Insolvency of Registered Providers of Social Housing Regulations 2017.