Commentary on provisions of Act Registered providers: insolvency, restructuring etc Schedule 2: Amendments to restrictions on insolvency procedures
Schedule 2 amends provisions in the HPA 2016 about procedures to be followed in the event of an insolvency of a registered provider.
	Sections 104 - 108 are amended to make clear the notification requirements a registered provider must comply with in the following scenarios:
Section 104 – winding-up orders;
Section 105 – voluntary winding up;
Section 106 – ordinary administration orders;
Section 107 – appointment of administrator; and
Section 108 – enforcement of security.
	Details of the notification requirements include how and by whom notice must be given, as well what must be included in the notice. These sections are also amended to allow the regulator to treat a notice that does not meet the requirements set out (other than the requirement for the notice to be given in writing) as if it did.
	Paragraph 6 extends section 108 (enforcement of security) to all private registered providers. This means that it will, for the first time, apply to providers which are limited liability partnerships and unincorporated charities. In the case of unincorporated charities it provides that the property to which the provision applies is the property held on the charity’s trusts.