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Housing and Regeneration Act 2008

Section 266 – Removal of officers

779.The section gives the regulator the power to remove an officer of a non-profit registered regulator in seven specified Cases. These are:

  • the officer has been adjudged to be bankrupt,

  • the officer has made an arrangement with creditors,

  • the officer has been subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (or the equivalent statutory provision for Northern Ireland),

  • the officer has been subject to an order under section 429(2) of the Insolvency Act 1986 (which occurs where a person fails to make a payment under a county court administration order under the County Courts Act 1984),

  • the officer is disqualified under section 72 of the Charities Act 1993 from being a charity trustee (whether this is in relation to their position as an officer of the registered provider that is a charity or as an officer of a different charity),

  • the officer is incapable of acting by reason of mental disorder,

  • the officer is impeding the proper management of the registered provider by reason of absence or failure to act.

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