Part 2Regulation of Social Housing

Chapter 7Enforcement powers

Suspension and removal of officers of ... registered providers

269Appointment of new officers

(1)

The regulator may by order appoint a person as an officer of a F1private registered provider—

(a)

to replace an officer removed by order under section 266,

(b)

where there are no officers, F2...

F3(ba)

in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,

(bb)

if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or

(c)

if the regulator F4is satisfied an additional officer is necessary F5to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise).

F6(1A)

In subsection (1)(ba), “board member” means—

(a)

in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;

(b)

in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;

(c)

in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.

(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)

F7... the regulator may by order renew the appointment F8(on any number of occasions), 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—

F9(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the regulator F10 notified the Charity Commission of its intention to do so .