Housing (Regulation of Approved Housing Bodies) Act 2019
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Chapter 2 Notice to Regulator of Certain Events and Examinership | ||
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Notice to Regulator of certain events | ||
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55. (1) An AHB shall give notice, in writing, to the Regulator— | ||
(a) as soon as practicable, if it no longer satisfies the eligibility criteria or any of them, | ||
(b) in a case where the AHB is a company— | ||
(i) not later than 7 days from the date of publication of a notice under section 730(1) of the Act of 2014 of the intention of the Registrar of Companies to strike off the company, or | ||
(ii) not later than 7 days from the date an application is made under section 731 of the Act of 2014 to the Registrar of Companies to be struck off the register, | ||
(c) in a case where the AHB is a registered society— | ||
(i) not later than 7 days from— | ||
(I) the date it requests the cancelling of its registry, or | ||
(II) the date of receipt by it of a notice proposing cancelling of its registry, | ||
as the case may be, under section 9 of the Industrial and Provident Societies Act 1893 , or | ||
(ii) as soon as practicable of any proposal to dissolve the society under paragraph (a) or (b), as the case may be, of section 58 of the Industrial and Provident Societies Act 1893 , | ||
(d) in a case where the AHB is a friendly society within the meaning of the Friendly Societies Acts 1896 to 2018 — | ||
(i) not later than 7 days from— | ||
(I) the date it requests cancelling of its registry, or | ||
(II) the date of receipt by it of a notice proposing cancelling of its registry, | ||
as the case may be, under section 77 of the Friendly Societies Act 1896 , or | ||
(ii) as soon as practicable of any proposal to terminate or dissolve the society under paragraph (a), (b), (c) or (d), as the case may be, of section 78 of the Friendly Societies Act 1896 , | ||
(e) in a case where the AHB is a charitable trust, as soon as practicable of any proposal to revoke the charitable trust in accordance with its constitution, | ||
(f) in a case where the AHB is a registered charitable organisation, not later than 7 days from the date an entry is made in the register of charitable organisations established under section 39 of the Charities Act 2009 — | ||
(i) under section 43(11) of that Act, that it has ceased to be registered, or | ||
(ii) under section 44(12)(b) of that Act, that it has ceased to be deemed to be a registered charitable organisation, | ||
(g) not later than 7 days from the date on which any improvement notice (within the meaning of section 18A of the Act of 1992) is given to an AHB, | ||
(h) not later than 7 days from the date on which any prohibition notice (within the meaning of section 18B of the Act of 1992) is given to an AHB, | ||
(i) of any other matter that may— | ||
(i) materially affect or might reasonably be expected to materially affect its status as an AHB, | ||
(ii) bring or might reasonably be expected to bring the AHB into disrepute, or | ||
(iii) threaten or might reasonably be expected to threaten the stability, efficiency, operations and general viability of the AHB, | ||
before the occurrence of the event or, where that is not practicable because of the nature of the event concerned or the circumstances in which it has arisen, as soon as practicable after the occurrence of the event. | ||
(2) An AHB which is a company shall give notice, in writing, to the Regulator— | ||
(a) before or, where that is not practicable because of the nature of the event concerned or the circumstances in which it has arisen, as soon as practicable after, the appointment of a receiver to the AHB, | ||
(b) before the presentation by the company or by a director of the company, as the case may be, of a petition to the court under Chapter 2 of Part 11 of the Act of 2014 for the winding up of the company, | ||
(c) before or, where that is not practicable because of the nature of the event concerned or the circumstances in which it has arisen, as soon as practicable after, the passing of a resolution for a members’ voluntary winding up of the company under Chapter 3 of Part 11 of the Act of 2014, | ||
(d) at least 10 days before the date of a creditors’ meeting that has been summoned in the case of a creditors’ voluntary winding up of the company under Chapter 4 of Part 11 of the Act of 2014, | ||
(e) forthwith on the appointment of a provisional liquidator or liquidator to the company under any provision of the Act of 2014. | ||
(3) An AHB which fails to give notice to the Regulator under any of paragraphs (b) to (f) of subsection (1) or under subsection (2) shall be guilty of an offence. |