Registered charity: power to appoint new [F1officer] E+W
Textual Amendments
F1Words in Sch. 1 para. 6 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
6(1)The [F2Relevant Authority] may by order appoint a person to be a [F3officer] of a registered social landlord which is a registered charity—
(a)in place of a person removed by the [F2Relevant Authority],
(b)where there are [F4no officers], or
(c)where the [F2Relevant Authority] is of the opinion that it is necessary [F5to have an additional officer in order to ensure that the company complies with a requirement imposed by or under an enactment].
The power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of [F6officers] permissible under the charity’s constitution to be exceeded.
(2)The [F2Relevant Authority] shall only exercise its power under sub-paragraph (1) if—
(a)the charity has, at any time before the power is exercised, received [F7public assistance], and
(b)the [F2Relevant Authority] has consulted the [F8Charity Commission].
(3)A person may be so appointed notwithstanding any restrictions on appointment in the charity’s constitution or rules.
(4)A person appointed under this paragraph shall hold office for such period and on such terms as the [F2Relevant Authority] may specify; and on the expiry of the appointment the [F2Relevant Authority] may renew the appointment for such period as it may specify.
This does not prevent a person appointed under this paragraph from retiring in accordance with the charity’s constitution or rules.
(5)A person appointed under this paragraph as [F9an officer] of a registered charity is entitled—
(a)to attend, speak and vote at any general meeting of the charity and to receive all notices of and other communications relating to any such meeting which a member is entitled to receive,
(b)to move a resolution at any general meeting of the charity, and
(c)to require a general meeting of the charity to be convened within 21 days of a request to that effect made in writing to the directors or trustees.
Textual Amendments
F2Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F3Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F4Words in Sch. 1 para. 6(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F5Words in Sch. 1 para. 6(1)(c) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 6(3), 19(2); S.I. 2018/777, art. 3(b)
F6Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(d), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F7Words in Sch. 1 para. 6(2)(a) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 14; S.I. 2011/2475, arts. 1(2), 2(v)
F8Words in Sch. 1 para. 6(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(2); S.I. 2007/309, art. 2, Sch.
F9Words in Sch. 1 para. 6(5) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(e), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)