HOUSING ACT 2003 - SECT 37H Community housing assets to be transferred if registration cancelled

HOUSING ACT 2003 - SECT 37H

37H Community housing assets to be transferred if registration cancelled

(1) This section applies if—

(a) a registered provider intends to apply for cancellation of the provider’s registration; or

(b) the registrar cancels the registration of a registered provider under section 37G (4) .

(2) If the registered provider is a national provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its national community housing assets to—

(a) if the asset is located in this jurisdiction—

(i) the chief executive; or

(ii) if another entity is prescribed—the prescribed entity; or

(iii) if the chief executive consents in writing—another national provider or state provider; or

(b) if the asset is located in another participating jurisdiction—

(i) the housing agency of that jurisdiction; or

(ii) if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.

(3) If the registered provider is a state provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its state community housing assets to—

(a) the chief executive; or

(b) if another entity is prescribed—the prescribed entity; or

(c) if the chief executive consents in writing—another national provider or state provider.

(4) If the chief executive consents under subsection (2) (a) (iii) or (3) (c) to the transfer of a community housing asset to another national provider or state provider—

(a) the chief executive may impose conditions on the consent that the chief executive considers appropriate; and

(b) if the chief executive imposes conditions—the national provider or the state provider transferring the community housing asset must comply with the conditions when the provider is transferring the asset.

(5) If a registered provider fails to comply with subsection (2) , (3) or (4) , the provider is taken to have contravened each funding agreement to which the provider is a party.

(6) In this section—


"relevant day" , for a registered provider, means—

(a) for a registered provider intending to apply for cancellation of the provider’s registration—

(i) the day before the provider applies for cancellation; or

(ii) if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or

(b) for a registered provider whose registration is cancelled under section 37G (4) —

(i) the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or

(ii) if, before the day mentioned in subparagraph (i) , the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.