Regulation of Registered Social Landlords (Wales) Act 2018 Explanatory Notes

Powers exercisable in respect of officers and management of registered social landlord

Section 6 – Removal or appointment of officer of registered social landlord

42.Section 6 amends paragraphs 4 and 6 to 8 of Schedule 1.

Paragraph 4 of Schedule 1

43.Amendments are made to paragraph 4 of Schedule 1 to amend the threshold at which the Welsh Ministers may remove an officer under paragraph 4(2)(g). As a result, the position is as follows:

  • The Welsh Ministers are able to remove an officer of an RSL under a variety of circumstances.

  • A list of these circumstances is set out in paragraph 4(2) of Schedule 1. The list is unchanged, except for paragraph 4(2)(g), which is amended and allows an officer to be removed where the officer cannot be found or does not act and their absence or failure to act is impeding the RSL’s compliance with a requirement imposed by or under an enactment.

Paragraphs 6 to 8 of Schedule 1

44.Paragraphs 6, 7 and 8 of Schedule 1 give the Welsh Ministers powers to appoint persons to be an officer of RSLs which are registered charities, companies, or registered societies respectively.

45.Amendments are made to paragraphs 6, 7 and 8 of Schedule 1 to amend the threshold in respect of one of the grounds under which the Welsh Ministers can appoint a person to be an officer of an RSL.

46.As a result, the position is that the Welsh Ministers can appoint a person to be an officer of an RSL which is a registered charity, a company or a registered society in place of a person whom they have removed or, where there are no officers, or where the Welsh Ministers are of the opinion that the appointment is necessary in order to ensure that the RSL complies with a requirement imposed by or under an enactment.

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