C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Suspension and removal of officers F1of non-profit registered providers
Words in cross-heading before s. 259 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 73
I1269Appointment 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 F2to 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.
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)