Article 3.29 Decision makingI1

England and Wales

(1)

Where the housing administrator seeks a decision from the creditors on any issue and subject to paragraph (3), Chapters 2, 3, 6, 7, 8, 9 and 11 of Part 15 and Part 16 of the Insolvency (England and Wales) Rules 2016 apply, as they apply to administration, with the modifications set out in paragraph (2).

(2)

The provisions applied by paragraph (1) are subject to the following modifications—

(a)

for “administration”, in each place, substitute “housing administration”;

(b)

for “administrator”, in each place, substitute “housing administrator”;

(c)

for “company”, in each place, substitute “registered provider”;

(d)

for “convener”, in each place, substitute “housing administrator”;

(e)

“officer” includes a charity trustee if the registered provider is a charitable incorporated organisation;

(f)

the following is substituted for rule 15.21—

“15.21.
The chair of the meeting must be either the housing administrator or a person nominated by the housing administrator to be chair.”;

(g)

in rule 15.8, the reference to rule 14.31(1) is a reference to rule 5.28(1) of these Rules;

(h)

in rule 15.31, the reference to rule 14.24 is a reference to rule 5.24 of these Rules; and

(i)

in rule 16.6 the reference to rule 1.58 is a reference to rule 7.37 of these Rules.

(3)

In the application of Part 15 of the Insolvency (England and Wales) Rules 2016 to a decision sought by the housing administrator in a housing administration, rules 15.16, 15.24, 15.28(6), 15.29 and 15.30 do not apply.

Annotations

Commencement

I1: Rule 3.29 in force at 5.7.2018, see rule 1.1