Version Superseded: 01/04/2024
Point in time view as at 20/09/2023. This version of this provision has been superseded.
Housing and Regeneration Act 2008, Section 269 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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 [F1to 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)F2... the regulator may by order renew the appointment [F3(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—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the regulator [F5 notified the Charity Commission of its intention to do so ].
Textual Amendments
F1Words in s. 269(1)(c) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 37; S.I. 2017/75, reg. 4
F2Words in s. 269(4)(a) omitted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(e)(i); S.I. 2023/1001, reg. 2(w)(ii)
F3Words in s. 269(4)(a) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(e)(ii); S.I. 2023/1001, reg. 2(w)(ii)
F4S. 269(6)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(g), 46(3); S.I. 2023/1001, reg. 2(n)
F5Words in s. 269(6)(b) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 34(5), 46(3); S.I. 2023/1001, reg. 2(o)
Commencement Information
I1S. 269 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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