Part 4: Social Housing in England Chapter 5: Insolvency of Registered Providers of Social Housing Housing administration Section 100: Powers of court
This section sets out the powers of the court on hearing an application from the Secretary of State or the Regulator of Social Housing for a housing administration order. Subsection (1) states that the court may:
make the order;
dismiss the application;
adjourn the hearing conditionally or unconditionally;
make an interim order;
treat the application as a winding-up petition and make any order the court could make under section 125 of the Insolvency Act 1986 (power of court on hearing winding-up petition); and
make any other order which it thinks appropriate.
	Under subsection (2), the court may only make a housing administration order if it is satisfied that:
the registered provider is unable, or is likely to be unable, to pay its debts; or
that it would be just and equitable (disregarding the objectives of the housing administration) to wind up the provider in the public interest on a petition from the Secretary of State under section 124A of the Insolvency Act 1986 and the Secretary of State has certified that (disregarding the objectives of the housing administration) a petition for such a winding up would be appropriate see subsection (3)).
	Section 124A of the Insolvency Act 1986 states:
	"(1) Where it appears to the Secretary of State from-
	(a) any report made or information obtained under Part XIV (except section 448A) of the Companies Act 1985 (company investigations, etc ).
	(b) any report made by inspectors under-
	(i) section 167, 168, 169 or 284 of the Financial Services and Markets Act 2000, or
	(ii) where the company is an open-ended investment company (within the meaning of that Act), regulations made as a result of section 262(2)(k) of that Act;
	(bb) any information or documents obtained under section 165, 171, 172, 173 or 175 of that Act.
	(c) any information obtained under section 2 of the Criminal Justice Act 1987 or section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 (fraud investigations), or,
	(d) any information obtained under section 83 of the Companies Act 1989 (powers exercisable for purpose of assisting overseas regulatory authorities),
	that it is expedient in the public interest that a company should be wound up, he may present a petition for it to be wound up if the court thinks it just and equitable for it to be so."
	Subsection (4) makes it clear that the court cannot make a housing administration order if the registered provider is already in administration (under Schedule B1of the Insolvency Act 1986) or has gone into liquidation (as defined in section 247(2) of the Insolvency Act 1986).
	The housing administration order comes into force at the time appointed by the court, or if no time is appointed, when the order is made (see subsection(5)).
	Subsection (6) explains that where the court makes an interim order it may restrict the exercise of a power of the registered provider or of its relevant officers or make provision to confer discretion on a person qualified to act as an insolvency practitioner in relation to the registered provider.
	Subsection (7) explains that a relevant officer:
in relation to a company, means a director;
in relation to a registered society, means a member of the management committee or other directing body of the society; and
in relation to a charitable incorporated organisation, means a charity trustee (as defined by section 177 of the Charities Act 2011).
	Subsection (8) sets out that in the case of a foreign company, the restrictions in subsection (6)(a) would relate to powers of the registered provider or of its directors within the UK. or in relation to the company’s UK affairs, business or property.
	Subsection (9) sets out that for the purposes of this section, the test for whether a registered provider is unable to pay its debts is the same as which applies under the Insolvency Act 1986.