C1Part 2Regulation of Social Housing

Annotations:
Modifications etc. (not altering text)

Chapter 7Enforcement powers

Suspension and removal of officers F1of non-profit registered providers

Annotations:
Amendments (Textual)

I1259Suspension during inquiry

1

The regulator may make an order under this section if—

a

an inquiry under section 206 is in progress in respect of a non-profit registered provider, and

b

either of the following cases applies.

2

Case 1 applies if the regulator has reasonable grounds for believing—

a

that the affairs of the registered provider have been mismanaged, and

b

that the interests of tenants of the registered provider, or its assets, require protection.

3

Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied that the affairs of the registered provider have been mismanaged.

4

The regulator may by order suspend any officer, employee or agent of the registered provider who it thinks has contributed to the failure or mismanagement.

5

The regulator may suspend an officer, employee or agent of a registered charity only if the charity has received public assistance.

6

An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.

7

But the regulator may revoke an order before the end of that period.

8

The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.

I2260Removal or suspension following inquiry

1

This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that the affairs of a non-profit registered provider have been mismanaged.

2

The regulator may by order remove any officer, employee or agent of the registered provider who it thinks has contributed to the failure or mismanagement.

3

Pending a decision whether to remove an officer, employee or agent, the regulator may by order suspend the person for a specified period of up to 6 months.

4

The regulator may remove or suspend an officer, employee or agent of a registered charity only if the charity has received public assistance.

5

Before making an order the regulator must take all reasonable steps to give at least 14 days' notice to—

a

the person, and

b

the registered provider.

6

The regulator shall notify the Charity Commission if it removes or suspends an officer, employee or agent of a registered charity.

I3261Suspension under section 259 or 260: supplemental

1

This section applies where the regulator suspends an officer, employee or agent of a registered provider under section 259 or 260.

2

The regulator may give directions to the registered provider about—

a

the performance of the suspended person's functions, and

b

any other matter arising from the suspension.

3

The regulator may appoint a person to perform the suspended person's functions.

I4262Disqualification of removed person

1

A person is disqualified from acting as an officer of a registered provider if the person has been removed under—

a

section 260, or

b

paragraph 24(2)(a) of Schedule 1 to the Housing Act 1996 (c. 52), section 30(1)(a) of the Housing Associations Act 1985 (c. 69) or section 20(1)(a) of the Housing Act 1974 (c. 44) (other similar provisions).

2

The regulator may waive a disqualification either generally or in relation to a particular registered provider or class of registered providers.

3

A waiver may be granted only on an application by the disqualified person.

4

The regulator shall notify a person whose disqualification is waived.

5

If a disqualified person acts as an officer of a registered provider, the person's acts are not invalid by reason only of the disqualification.

I5263Register of disqualified persons

1

The regulator shall maintain a register of persons disqualified under section 262.

2

The register must show details of any waivers.

3

The regulator shall make the register available for inspection by the public.

I6264Acting while disqualified: offence

1

It is an offence for a person to act as an officer of a registered provider in respect of which the person is disqualified under section 262.

2

A person guilty of an offence is liable—

a

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

3

Proceedings for an offence may be brought only by or with the consent of—

a

the regulator, or

b

the Director of Public Prosecutions.

4

In relation to an offence committed before F52 May 2022 the reference in subsection (2)(a) to 12 months shall have effect as if it were a reference to 6 months.

I7265Acting while disqualified: other consequences

1

This section applies where the regulator is satisfied that a person—

a

has acted as an officer of a registered provider in respect of which the person is disqualified under section 262, and

b

in doing so, has received payments or other benefits from the registered provider.

2

The regulator may require the person to repay the sum or, as the case may be, a specified amount representing the whole or part of the value of the benefit.

3

If a person fails to comply with a requirement the registered provider may recover the sum or specified amount as a debt.

I8266Removal of officers

1

The regulator may by order remove an officer of a non-profit registered provider if a Case listed in this section applies to the officer.

2

Case 1 applies to a person who has been F3made bankrupt.

3

Case 2 applies to a person who has made an arrangement with creditors.

4

Case 3 applies to a person who is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or equivalent legislation in Northern Ireland.

5

Case 4 applies to a person who is subject to an order under section 429(2) of the Insolvency Act 1986 (c. 45) (disabilities on revocation of county court administration order).

6

Case 5 applies to a person who is disqualified under F2section 178 of the Charities Act 2011 from being a charity trustee.

7

Case 6 applies to a person who is incapable of acting by reason of mental disorder.

8

Case 7 applies to a person who is impeding the proper management of the registered provider by reason of absence or failure to act.

I9267Section 266: supplemental

1

Before making an order under section 266 in respect of an officer the regulator must take all reasonable steps to give at least 14 days' notice to—

a

the officer, and

b

the registered provider.

2

An order may be made in respect of an officer of a registered charity only if the charity has received public assistance.

I10268Appeal against removal or suspension

A person removed or suspended under section 259, 260 or 266 may appeal to the High Court.

I11269Appointment of new officers

1

The regulator may by order appoint a person as an officer of a non-profit registered provider—

a

to replace an officer removed by order under section 266,

b

where there are no officers, or

c

if the regulator thinks an additional officer is necessary F4to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise).

2

The regulator may appoint more than a minority of the officers of a registered provider only if—

a

the provider has fewer officers than required by its constitution, or

b

its constitution does not specify a minimum number of officers.

3

Subsection (1) overrides any restriction on eligibility or numbers of officers imposed by the body's constitution.

4

An order appointing an officer shall specify the period for which, and the terms on which, the office is to be held; but—

a

on expiry the regulator may by order renew the appointment, and

b

the officer may resign or retire in accordance with the registered provider's constitution.

5

An officer appointed by order has the same rights, powers and obligations as an officer appointed under the registered provider's constitution.

6

The regulator may exercise the power in subsection (1) in respect of a registered charity only if—

a

a condition in section 274 is satisfied, and

b

the regulator has consulted the Charity Commission.