Commentary on provisions of Act Registered providers: insolvency, restructuring etc Section 17: Restructuring of registered societies
Section 17 makes amendments to the HRA 2008 which relate to the regulator’s duty to make a registration decision when it is given notification that a registered provider that is a registered society has passed a resolution for the purpose of specified restructuring provisions.
	Its effect is to remove the duty on the regulator to make a registration decision in the event of a conversion of a registered society into a company or the transfer of undertakings of a registered society to another society that is a registered provider.
	In the case of a conversion, the provider’s existing registration continues, and in the case of a transfer, the transferee is already registered. As such, registration decisions are no longer needed in these scenarios.
	New section 163A inserted by this section requires the regulator to make a registration decision where a restructuring of a registered provider which is a registered society results in:
the creation of a new body by amalgamation; or
the transfer of engagements to a body which is not a registered provider,
	In such a case the successor body must be temporarily designated non-profit, pending the Regulator’s registration decision.