Part 4: Social Housing in England Chapter 5: Insolvency of Registered Providers of Social Housing Restrictions on other insolvency procedures Section 104: Winding-up orders
This section sets out how the court should act in certain circumstances, if a person other than the Secretary of State petitions for the winding-up of a registered provider that is:
a company;
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014; or
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
	Subsection (2) provides that the court is not to exercise its powers on a winding up petition unless:
notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given; or
the Regulator of Social Housing has waived the notice requirement.
	Subsection (3) clarifies that if an application for a housing administration is made before a winding-up order is made on a winding-up petition the court may exercise its powers under section 100 instead of exercising any of its powers on the petition.
	Subsection (4) provides that the Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (2)(a) and subsection (5) provides that the Regulator of Social Housing may only waive the notice requirement if it has the Secretary of States consent.
	The notice and 28 day period are intended to avoid a winding up order being granted before the Secretary of State and the Regulator of Social Housing have been given an opportunity to seek a housing administration order.
	Subsection (6) clarifies that references in this section to the court’s powers on a winding up petition are to:
its powers under section 125 of the Insolvency Act 1986 (other than its power of adjournment); and
its powers under section 135 of the Insolvency Act 1986 (for example to appoint a provisional liquidator).