The Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018

Made: 2nd July 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 212 and 216(3) and (4) of the Housing and Planning Act 2016[^f00001].

Citation

1

These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018.

Interpretation

2

In these Regulations—

• “the Act” means the Housing and Planning Act 2016;

• “the 2008 Act” means the Housing and Regeneration Act 2008[^f00002];

• “pre-commencement housing moratorium” means a moratorium under section 145 of the 2008 Act that begins before 5th July 2018.

Provisions coming into force on 5th July 2018

3

The following provisions of the Act come into force on 5th July 2018—

• (a) sections 95 to 101, 102(1) and 103 to 117 (insolvency of registered providers of social housing);

• (b) Schedule 5 (conduct of housing administration: companies);

• (c) Schedule 6 (amendments to housing moratorium and consequential amendments).

Transitional and saving provisions: pre–commencement housing moratorium

4

• (1) Despite the coming into force of paragraphs 3, 4 and 9 of Schedule 6 to the Act in accordance with regulation 3(c), sections 145, 146 and 275 of the 2008 Act continue to have effect without amendment in relation to a pre-commencement housing moratorium in respect of a private registered provider.

• (2) A pre-commencement housing moratorium ends in accordance with section 146(2) of the 2008 Act as saved by paragraph (1), or when a housing administration order is made under Chapter 5 of Part 4 of the Act in relation to the private registered provider, whichever is the sooner.

Transitional provision: further moratorium

5

In relation to a pre-commencement housing moratorium, section 147 of the 2008 Act has effect in relation to the private registered provider as if for “further notice” in subsections (1)(b) and (2) were substituted “notice”.

Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab — Minister of State — Ministry of Housing, Communities and Local Government — 2nd July 2018

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations commence certain provisions of the Housing and Planning Act 2016 (c.22) (“the Act”).

Regulation 3(a) brings into force all those provisions of Chapter 5 of Part 4 (insolvency of registered providers of social housing) of the Act that are not already in force. That Chapter enables the Secretary of State or the Regulator of Social Housing (with consent of the Secretary of State) to apply to court for a housing administration order in respect of a private registered provider of social housing. Such an order enables the appointment of a housing administrator whose two objectives are normal administration of the registered provider and keeping housing in the regulated sector. That Chapter also imposes restrictions on other insolvency procedures in relation to private registered providers of social housing.

Regulation 3(b) brings into force Schedule 5 (conduct of housing administration: companies). Part 1 of that Schedule modifies Schedule B1 of the Insolvency Act 1986 (c. 45). Part 2 further modifies Schedule B1 in relation to foreign companies. Part 3 makes other modifications and provision enabling the Secretary of State to make further modifications to insolvency legislation by regulation.

Regulation 3(c) brings into force Schedule 6 (amendments to housing moratorium and consequential provisions). It amends provision in the Housing and Regeneration Act 2008 (c. 17) (“the 2008 Act”) relating to housing moratoria. Paragraph 3 of the Schedule makes amendments to provision relating to the commencement of a moratorium and paragraph 4 introduces the ability to end a moratorium by the making of a housing administration order. It also changes the relevant time periods for moratoria to 28 calendar days.

Regulation 4 makes transitional and saving provision in relation to housing moratoria. It preserves the existing position relating to the beginning and duration of a housing moratorium that began before 5th July 2018 (“pre-commencement housing moratorium”). A pre-commencement housing moratorium generally comes to an end (if not extended or cancelled) after 28 working days from the date on which the Regulator of Social Housing was given notification of the step which triggered the moratorium. However, a pre-commencement housing moratorium is also brought to an end upon the making of a housing administration order under Chapter 5 of Part 4 of the Act which Regulation 3(a) brings fully into force.

Regulation 5 makes transitional provision in relation to further moratoria that is consequential on the amendments to section 145 and 147 of the 2008 Act made by paragraphs 3 and 5 of Schedule 6 to the Act which are brought into force by regulation 3(c) on 5th July 2018. Section 145 of the 2008 Act makes provision for the initiation of a housing moratorium. A pre-commencement housing moratorium is initiated by the taking of a specified step. A housing moratorium that begins on or after 5th July 2018 is initiated by the giving of a notice. The transitional provision in regulation 5 adjusts the wording of section 147 to replace references to “further notice” with “notice”. Its effect is that the provision relating to a further moratorium will apply if a notice mentioned in section 145 is given within 3 years of the end of a pre-commencement housing moratorium, notwithstanding that the pre-commencement housing moratorium was initiated by a specified step taken and the notice given is accordingly not a further notice.

Footnotes

[^f00001]: 2016 c.22.

[^f00002]: 2008 c.17.