Housing Associations Act 1985

[F1 30 General powers exercisable as a result of inquiry or audit. S

(1) Where [F2 Scottish Homes]]is satisfied, as the result of an inquiry under section 28 or an audit under section 29, that there has been misconduct or mismanagement in the affairs of a registered housing association, it may—

(a) by order remove any member of the committee of the association, or any officer, agent or employee of the association, who has been responsible for or privy to the misconduct or mismanagement or has by his conduct contributed to it or facilitated it;

(b) by order suspend such a person for up to six months, pending determination whether he should be removed;

(c) order any bank or other person who holds money or securities on behalf of the association not to part with the money or securities without the approval of [F2 Scottish Homes];

(d) by order restrict the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the association without the approval of [F2 Scottish Homes].

[F3 (1A) If at any time the appointed person makes an interim report under section 28(3B) and, as a result of that interim report, [F2 Scottish Homes] is satisfied that there has been misconduct or mismanagement as mentioned in subsection (1),—

(a) [F2 Scottish Homes] may at that time exercise any of the powers conferred by paragraphs (b) to (d) of that subsection; and

(b) in relation to the exercise at that time of the power conferred by subsection (1)(b), the reference therein to a period of six months shall be construed as a reference to a period beginning at that time and ending six months after the date of the report under section 28(4).]

(2) Before making an order under subsection (1)(a) [F2 Scottish Homes]shall give at least 14 days’ notice of its intention to do so—

(a) to the person it intends to remove, and

(b) to the association concerned.

(3) Notice under subsection (2) may be given by post, and if so given to the person whom [F2 Scottish Homes]intends to remove may be addressed to his last known address in the United Kingdom.

(4) A person who is ordered to be removed under subsection (1)(a) or suspended under subsection (1)(b) may appeal against the [F4 order,—

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F5 . . .to the Court of Session.]

(5) Where a person is suspended under subsection (1)(b), [F2 Scottish Homes] may give directions with respect to the performance of his functions and otherwise as to matters arising from the suspension.

(6) A person who contravenes an order under subsection (1)(c) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or both F6 . . ..

Textual Amendments

F1 S. 30 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 232, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F2 Words in s. 30(1)-(3)(5) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(18)

F3 S. 30(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 21(1)

F4 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 21(2)

F5 Words in s. 30(4) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F6 Words in s. 30(6) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))