OpenLegislation

Paragraph 6 I1I2

England and Wales

In section 108 (enforcement of security)—

(a)

in subsection (1), omit the words from “that” to the end;

(b)

after subsection (2) insert—

“(2A)

A notice under subsection (2) must—

(a)

be given in writing, and

(b)

be signed by, or on behalf of, the person intending to enforce the security.

(2B)

Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirement of paragraph (b) of subsection (2A).

(2C)

The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”;

(c)

omit subsection (3);

(d)

before subsection (4) insert—

“(3A)

In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).”

Annotations

Commencement

I1

Sch. 2 para. 6 not in force at Royal Assent, see s. 46(3)

I2

Sch. 2 para. 6 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)