Insolvency Act 1986 Part A1 Moratorium (Eligibility of Private Registered Providers) Regulations 2020

Thangam Debbonaire Excerpts

Monday 20th July 2020 General Committees

[Thangam Debbonaire (Bristol West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford. This is a first for us both; this is the first time I have been sat here rather than where my hon. Friend the Member for Ogmore is sat. Although I have whipped many a statutory instrument, I am sure that the Minister will be terribly disappointed to hear that I do not intend to disagree with him at all this afternoon. The Opposition have examined the statutory instrument carefully and have consulted colleagues in the social housing sector and in other teams, and we accept that the minor amendments are largely technical in nature and have been implemented to reduce conflict between potentially competing legislation.

As we understand it, the amendments will remove private registered providers of social housing from the Insolvency Act 1986, which would allow them to be covered by existing housing legislation instead. Private registered providers are subject to special rules about insolvency, including provision for a moratorium—I wondered what the plural of moratorium was, and I am still not completely sure—in sections 143A to 159 of the Housing and Regeneration Act 2008. Those provisions were substantially amended by the Housing Planning Act 2016, so this area has received recent legislative attention for private registered providers. From our understanding—I am sure the Minister will correct me if I am wrong—the statutory instrument seeks to ensure that, owing to the recent amendments to the 2016 Act, there is no conflicting legislation. There are lots of double negatives in this argument, aren’t there?

The 2008 Act provides a 28-day moratorium for private registered providers, while the amended Corporate Insolvency and Governance Act 2020 provides for 20 days. The instrument makes it clear that private registered providers have 28 days, not 20 days. The Opposition therefore have no immediate concerns or points that we would like to raise with the Minister.