- Latest available (Revised)
- Point in Time (30/11/2012)
- Original (As enacted)
Version Superseded: 01/04/2013
Point in time view as at 30/11/2012.
Housing Act 1996, SCHEDULE 1 is up to date with all changes known to be in force on or before 06 September 2024. 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.
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Section 7.
1(1)A registered social landlord shall not make a gift or pay a sum by way of dividend or bonus to—E+W
(a)a person who is or has been a member of the body,
(b)a person who is a member of the family of a person within paragraph (a), or
(c)a company of which a person within paragraph (a) or (b) is a director,
except as permitted by this paragraph.
(2)The following are permitted—
(a)the payment of a sum which, in accordance with the constitution or rules of the body, is paid as interest on capital lent to the body or subscribed by way of shares in the body;
(b)the payment by a fully mutual housing association to a person who has ceased to be a member of the association of a sum which is due to him either under his tenancy agreement with the association or under the terms of the agreement under which he became a member of the association.
[F1(c)the payment of a sum, in accordance with the constitution or rules of the body, to a registered social landlord which is a subsidiary or associate of the body.]
(3)Where an industrial and provident society or [F2a company] pays a sum or makes a gift in contravention of this paragraph, the society or company may recover the sum or the value of the gift, and proceedings for its recovery shall be taken if the [F3Relevant Authority] so directs.
Textual Amendments
F1Sch. 1 para. 1(2)(c) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 14
F2Words in Sch. 1 para. 1(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)
F3Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
2(1)A registered social landlord which is an industrial and provident society or [F4a company] shall not make a payment or grant a benefit to—E+W
(a)an officer or employee of the society or company,
(b)a person who at any time within the preceding twelve months has been a person within paragraph (a),
(c)a close relative of a person within paragraph (a) or (b), or
(d)a business trading for profit of which a person falling within paragraph (a), (b) or (c) is a principal proprietor or in the management of which such a person is directly concerned,
except as permitted by this paragraph.
(2)The following are permitted—
(a)payments made or benefits granted to an officer or employee of the society or company under his contract of employment with the society or company;
(b)the payment of remuneration or expenses to an officer of the society or company who does not have a contract of employment with the society or company;
(c)any such payment as may be made in accordance with paragraph 1(2) (interest payable in accordance with the rules and certain sums payable by a fully mutual housing association to a person who has ceased to be a member);
(d)the grant or renewal of a tenancy by a co-operative housing association;
(e)where a tenancy of a house has been granted to, or to a close relative of, a person who later became an officer or employee, the grant to that tenant of a new tenancy whether of the same or another house;
(f)payments made or benefits granted in accordance with any determination made by the [F5Relevant Authority].
(3)A determination for the purposes of sub-paragraph (2)(f) may specify the class or classes of case in which a payment may be made or benefit granted and specify the maximum amount.
(4)Where a society or company pays a sum or grants a benefit in contravention of this paragraph, the society or company may recover the sum or value of the benefit; and proceedings for its recovery shall be taken if the [F5Relevant Authority] so directs.
Textual Amendments
F4Words in Sch. 1 para. 2(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)
F5Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
Commencement Information
I1Sch. 1 para. 2 wholly in force at 1.10.1996; Sch. 1 para. 2 not in force at Royal Assent; Sch. 1 para. 2(2)(f) in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3; Sch. 1 para. 2 in force at 1.10.1996 to the extent that it is not already in force by S.I. 1996/2404, art. 3 (subject to the transitional provisions and savings in the Sch. of that S.I.)
3(1)The [F6Relevant Authority] may from time to time specify the maximum amounts which may be paid by a registered social landlord which is an industrial and provident society or [F7a company] —E+W
(a)by way of fees or other remuneration, or by way of expenses, to a member of the society or company who is not an officer or employee of the society or company, or
(b)by way of remuneration or expenses to an officer of the society or company who does not have a contract of employment with the society or company.
(2)Different amounts may be so specified for different purposes.
(3)Where a society or company makes a payment in excess of the maximum permitted under this paragraph, the society or company may recover the excess, and proceedings for its recovery shall be taken if the [F6Relevant Authority] so directs.
Textual Amendments
F6Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F7Words in Sch. 1 para. 3(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)
Commencement Information
I2Sch. 1 para. 3 wholly in force 1.10.1996; Sch. 1 para. 3 not in force at Royal Assent see s. 232(3); Sch. 1 para. 3(1)(2) in force at 1.8.1996 by 1996/2048, art. 2(1); Sch. 1 para. 3 in force at 1.10.1996 to the extent it is not already in force, by S.I. 1996/2402, art. 3 (subject to the transitional provisions in the Sch. to that S.I.)
Textual Amendments
F8Words in Sch. 1 para. 4 heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
4(1)The [F9Relevant Authority] may, in accordance with the following provisions, by order remove [F10 an officer of a registered social landlord] —
F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F9Relevant Authority] may make an order removing any such person if—
(a)he has been adjudged bankrupt or [F12a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, or he] has made an arrangement with his creditors;
[F13(b)he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002;]
(c)he is subject to an order under section 429(2) of the M1Insolvency Act 1986 (failure to pay under county court administration order);
(d)he is disqualified under [F14section 178 of the Charities Act 2011] from being a charity trustee;
(e)he is incapable of acting by reason of mental disorder;
(f)he has not acted; or
(g)he cannot be found or does not act and his absence or failure to act is impeding the proper management of the registered social landlord’s affairs.
(3)Before making an order the [F9Relevant Authority] shall give at least 14 days’ notice of its intention to do so to the person whom it intends to remove, and to the registered social landlord.
(4)That notice may be given by post, and if so given to the person whom the [F9Relevant Authority] intend to remove may be addressed to his last known address in the United Kingdom.
(5)A person who is ordered to be removed under this paragraph may appeal against the order to the High Court.
Textual Amendments
F9Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F10Words in Sch. 1 para. 4(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F11Sch. 1 para. 4(1)(a)-(c) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), ss. 84(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F12Words in Sch. 1 para. 4(2)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 36 (with art. 5)
F13Sch. 1 para. 4(2)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(b) (with art. 10)
F14Words in Sch. 1 para. 4(2)(d) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 72(2) (with s. 20(2), Sch. 8)
Marginal Citations
5(1)The [F15Relevant Authority] may make an order under paragraph 4 removing [F16an officer] of a registered charity only if the charity has [F17 received public assistance] F18...
F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F16Words in Sch. 1 para. 5(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(4), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F17Words in Sch. 1 para. 5(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 13(a)(i); S.I. 2011/2475, arts. 1(2), 2(v)
F18Words in Sch. 1 para. 5(1) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 13(a)(ii); S.I. 2011/2475, arts. 1(2), 2(v)
F19Sch. 1 para. 5(2) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 13(b); S.I. 2011/2475, arts. 1(2), 2(v)
Textual Amendments
F20Words in Sch. 1 para. 6 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
6(1)The [F21Relevant Authority] may by order appoint a person to be a [F22officer] of a registered social landlord which is a registered charity—
(a)in place of a person removed by the [F21Relevant Authority],
(b)where there are [F23no officers] , or
(c)where the [F21Relevant Authority] is of the opinion that it is necessary for the proper management of the charity’s affairs to have an additional [F24officer] .
The power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of [F25officers] permissible under the charity’s constitution to be exceeded.
(2)The [F21Relevant Authority] shall only exercise its power under sub-paragraph (1) if—
(a)the charity has, at any time before the power is exercised, received [F26public assistance] , and
(b)the [F21Relevant Authority] has consulted the [F27Charity Commission] .
(3)A person may be so appointed notwithstanding any restrictions on appointment in the charity’s constitution or rules.
(4)A person appointed under this paragraph shall hold office for such period and on such terms as the [F21Relevant Authority] may specify; and on the expiry of the appointment the [F21Relevant Authority] may renew the appointment for such period as it may specify.
This does not prevent a person appointed under this paragraph from retiring in accordance with the charity’s constitution or rules.
(5)A person appointed under this paragraph as [F28an officer] of a registered charity is entitled—
(a)to attend, speak and vote at any general meeting of the charity and to receive all notices of and other communications relating to any such meeting which a member is entitled to receive,
(b)to move a resolution at any general meeting of the charity, and
(c)to require a general meeting of the charity to be convened within 21 days of a request to that effect made in writing to the directors or trustees.
Textual Amendments
F21Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F22Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F23Words in Sch. 1 para. 6(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F24Words in Sch. 1 para. 6(1)(c) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(c), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F25Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(d), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F26Words in Sch. 1 para. 6(2)(a) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 14; S.I. 2011/2475, arts. 1(2), 2(v)
F27Words in Sch. 1 para. 6(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(2); S.I. 2007/309, art. 2, Sch.
F28Words in Sch. 1 para. 6(5) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(e), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
Textual Amendments
F29Word in Sch. 1 para. 7 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(4), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
7(1)The [F30Relevant Authority] may by order appoint a person to be [F31an officer] of a registered social landlord which is [F32a company] —
(a)in place of [F31an officer] removed by the [F30Relevant Authority],
(b)where there are [F33no officers] , or
(c)where the [F30Relevant Authority] is of the opinion that it is necessary for the proper management of the company’s affairs to have an additional [F34officer] .
(2)A person may be so appointed whether or not he is a member of the company and notwithstanding anything in the company’s articles of association.
(3)Where a person is appointed under this paragraph—
(a)he shall hold office for such period and on such terms as the [F30Relevant Authority] may specify, and
(b)on the expiry of the appointment the [F30Relevant Authority] may renew the appointment for such period as it may specify.
This does not prevent a person from retiring in accordance with the company’s articles of association.
[F35(4)A person appointed under this paragraph is entitled—
(a)to receive all such communications relating to a written resolution proposed to be agreed to by the company as are required to be supplied to a member of the company;
(b)to receive all notices of, and other communications relating to, any general meeting which a member of the company is entitled to receive, and to attend, speak and vote at any such meeting;
(c)to move a resolution at any general meeting of the company; and
(d)to require a general meeting of the company to be convened within 21 days of a request to that effect made in writing to the directors of the company.]
Textual Amendments
F30Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F31Words in Sch. 1 para. 7(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(5)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F32Words in Sch. 1 para. 7(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)
F33Words in Sch. 1 para. 7(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(5)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F34Word in Sch. 1 para. 7(1)(c) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(5)(c), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F35Sch. 1 para. 7(4) substituted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 88(2) (with art. 12)
Textual Amendments
F36Words in Sch. 1 para. 8 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(6), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
8(1)The [F37Relevant Authority] may by order appoint a person to be [F38an officer] of a registered social landlord which is an industrial and provident society—
(a)in place of a person removed by the [F37Relevant Authority],
(b)where there are [F39no officers], or
(c)where the [F37Relevant Authority] is of the opinion that it is necessary for the proper management of the society’s affairs to have an additional [F40officer] .
The power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of [F41officers] permissible under the society’s constitution to be exceeded.
(2)A person may be so appointed whether or not he is a member of the society and, if he is not, notwithstanding that the rules of the society restrict appointment to members.
(3)A person appointed under this paragraph shall hold office for such period and on such terms as the [F37Relevant Authority] may specify; and on the expiry of the appointment the [F37Relevant Authority] may renew the appointment for such period as it may specify.
This does not prevent a person appointed under this paragraph from retiring in accordance with the rules of the society.
(4)A person appointed under this paragraph is entitled—
(a)to attend, speak and vote at any general meeting of the society and to receive all notices of and other communications relating to any general meeting which a member of the society is entitled to receive,
(b)to move a resolution at any general meeting of the society, and
(c)to require a general meeting of the society to be convened within 21 days of a request to that effect made in writing to the committee of the society.
Textual Amendments
F37Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F38Words in Sch. 1 para. 8(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F39Words in Sch. 1 para. 8(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(d), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F40Words in Sch. 1 para. 8(1)(c) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(c), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F41Words in Sch. 1 para. 8(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(7)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
9(1)This paragraph applies to an industrial and provident society whose registration as a social landlord has been recorded by the [F42Financial Services Authority].E+W+S
(2)Notice shall be sent to the [F43Relevant Authority] of any change of the society’s name or of the situation of its registered office.
(3)Any other amendment of the society’s rules is not valid without the Corporation’s consent F44...
[F45(3A)Consent under sub-paragraph (3)—
(a)if given by the Housing Corporation, shall be given by order under its seal, and
(b)[F46Consent given by] the [F47Welsh Ministers] [F48under sub-paragraph (3)] , shall be given by order in writing.]
(4)A copy of that consent shall be sent with the copies of the amendment required by section 10(1) of the M2Industrial and Provident Societies Act 1965 to be sent to the [F42Financial Services Authority].
(5)The Industrial and Provident Societies Act 1965 applies in relation to the provisions of this paragraph as if they were contained in section 10 of that Act (amendment of registered rules).
Textual Amendments
F42Words in Sch. 1 para. 9(1)(4) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(2)
F43Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F44Words in Sch. 1 para. 9(3) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 96(2)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F45Sch. 1 para. 9(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(2)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F46Words in Sch. 1 para. 9(3A)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(2)(a) (with art. 6, Sch. 3)
F47Words in Sch. 1 para. 9(3A)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F48Words in Sch. 1 para. 9(3A)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(2)(b) (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C1Sch. 1 para. 9(3A) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
Marginal Citations
10(1)This paragraph applies to a registered social landlord—
(a)which is a registered charity and is not [F49a company] , and
(b)whose registration under this Part of this Act has been recorded by the [F50Charity Commission] in accordance with section 3(3).
(2)No power contained in the provisions establishing the registered social landlord as a charity, or regulating its purposes or administration, to vary or add to its objects may be exercised without the consent of the [F50Charity Commission] .
Before giving [F51its] consent the [F50Charity Commission] shall consult the [F52Relevant Authority].
Textual Amendments
F49Words in Sch. 1 para. 10(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(c) (with art. 10)
F50Words in Sch. 1 para. 10(1)(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(3)(a); S.I. 2007/309, art. 2, Sch.
F51Word in Sch. 1 para. 10(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(3)(b); S.I. 2007/309, art. 2, Sch.
F52Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
Textual Amendments
F53Word in Sch. 1 para. 11 heading substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(d)(i) (with art. 10)
11(1)This paragraph applies to [F54a company (including a company that is a registered charity)] whose registration as a social landlord has been recorded by the registrar of companies.
(2)Notice shall be sent to the [F55Relevant Authority] of any change of the company’s name or of the address of its registered office.
(3)Any other alteration of the company’s [F56articles] of which notice is required to be given to the registrar of companies is not valid without the Corporation’s consent F57...
[F58(3A)Consent under sub-paragraph (3)—
(a)if given by the Housing Corporation, shall be given by order under its seal, and
(b)[F59Consent given by] the [F60Welsh Ministers] [F61under sub-paragraph (3)] , shall be given by order in writing.]
(4)A copy of that consent shall be sent [F62with the copy of the resolution making the alterations that is required to be sent to the registrar of companies under section 30 of the Companies Act 2006] .
Textual Amendments
F54Words in Sch. 1 para. 11(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(d)(ii) (with art. 10)
F55Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F56Word in Sch. 1 para. 11(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(d)(iii) (with art. 10)
F57Words in Sch. 1 para. 11(3) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 96(2)(a), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F58Sch. 1 para. 11(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(2)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F59Words in Sch. 1 para. 11(3A)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(3)(a) (with art. 6, Sch. 3)
F60Words in Sch. 1 para. 11(3A)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F61Words in Sch. 1 para. 11(3A)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(3)(b) (with art. 6, Sch. 3)
F62Words in Sch. 1 para. 11(4) substituted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 88(3) (with art. 12)
Modifications etc. (not altering text)
C2Sch. 1 para. 11(3A) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
12(1)This paragraph applies to an industrial and provident society whose registration as a social landlord has been recorded by the [F63Financial Services Authority].E+W
(2)The [F64Financial Services Authority] shall not register a special resolution which is passed for the purposes of—
(a)section 50 of the M3Industrial and Provident Societies Act 1965 (amalgamation of societies),
(b)section 51 of that Act (transfer of engagements between societies), or
(c)section 52 of that Act (power of a society to convert itself into, amalgamate with or transfer its engagements to [F65a company] ),
unless, together with the copy of the resolution, there is sent to [F66it] a copy of the [F67Relevant Authority’s] consent to the amalgamation, transfer or conversion.
(3)Any new body created by the amalgamation or conversion or, in the case of a transfer of engagements, the transferee, shall be deemed to be registered as a social landlord forthwith upon the amalgamation, conversion or transfer taking effect.
(4)If the society resolves by special resolution that it be wound up voluntarily under the M4Insolvency Act 1986, the resolution has no effect unless—
(a)before the resolution was passed the [F67Relevant Authority] gave its consent to its passing, and
(b)a copy of the consent is forwarded to the [F68Financial Services Authority] together with a copy of the resolution required to be so forwarded in accordance with [F69section 55(3) of the Industrial and Provident Societies Act 1965].
(5)If the society is to be dissolved by instrument of dissolution, the [F70Financial Services Authority] shall not—
(a)register the instrument in accordance with section 58(5) of the M5Industrial and Provident Societies Act 1965, or
(b)cause notice of the dissolution to be advertised in accordance with section 58(6) of that Act,
unless together with the instrument there is sent to [F71it] a copy of the [F67Relevant Authority’s] consent to its making.
(6)The references in this paragraph to the [F67Relevant Authority’s] consent [F72are—
(a)if it is given by the Housing Corporation, to consent given by order under its seal, and
(b)[F73Consent given by] the [F74Welsh Ministers] [F75under this paragraph shall be] given by order in writing.]
Textual Amendments
F63Words in Sch. 1 para. 12(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(a)
F64Words in Sch. 1 para. 12(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(b)(i)
F65Words in Sch. 1 para. 12(2)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)
F66Word in Sch. 1 para. 12(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(b)(ii)
F67Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F68Words in Sch. 1 para. 12(4)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(c)
F69Words in Sch. 1 para. 12(4)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(e) (with art. 10)
F70Words in Sch. 1 para. 12(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(d)(i)
F71Word in Sch. 1 para. 12(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(d)(ii)
F72Sch. 1 para. 12(6)(a)(b) and the word “are” immediately preceding substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F73Words in Sch. 1 para. 12(6)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(4)(a) (with art. 6, Sch. 3)
F74Words in Sch. 1 para. 12(6) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 15; S.I. 2011/2475, arts. 1(2), 2(v)
F75Words in Sch. 1 para. 12(6)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(4)(b) (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C3Sch. 1 para. 12(6)(a) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
Marginal Citations
13(1)This paragraph applies to [F76a company] whose registration as a social landlord has been recorded by the registrar of companies.
(2)An order of the court given for the purposes of [F77section 899 of the Companies Act 2006] (compromise or arrangement with creditors or members) is not effective unless the [F78Relevant Authority] has given its consent.
A copy of the consent shall be sent to the registrar of companies along with the office copy of the order delivered to him under that section.
(3)An order of the court given for the purposes of [F79section 900 of the Companies Act 2006] (transfer of undertaking or property for purposes of reconstruction or amalgamation) is not effective unless the [F78Relevant Authority] has given its consent.
A copy of the consent shall be sent to the registrar of companies along with the office copy of the order delivered to him under that section.
(4)The registrar of companies shall not register any resolution under section 53 of the Industrial and Provident Societies Act 1965 (conversion of company into industrial and provident society), unless, together with the copy of the resolution, there is sent to him a copy of the [F78Relevant Authority’s] consent to the conversion.
(5)Where a director, administrator or liquidator of the company proposes to make a voluntary arrangement with the company’s creditors under section 1 of the M6Insolvency Act 1986, the arrangement shall not take effect under section 5 (effect of approval by members and creditors) of that Act unless the [F78Relevant Authority] has given its consent to the voluntary arrangement.
(6)If the company resolves by special resolution that it be wound up voluntarily under the Insolvency Act 1986, the resolution has no effect unless—
(a)before the resolution was passed the [F78Relevant Authority] gave its consent to its passing, and
(b)a copy of the consent is forwarded to the registrar of companies together with a copy of the resolution required to be so forwarded in accordance with [F80section 30 of the Companies Act 2006] .
(7)The references in this paragraph to the [F78Relevant Authority’s] consent [F81are—
(a)if it is given by the Housing Corporation, to consent given by order under its seal, and
(b)[F82Consent given by] the [F83Welsh Ministers] [F84under this paragraph shall be] given by order in writing.]
(8)Where sub-paragraph (3) or (4) applies, the transferee or, as the case may be, any new body created by the conversion shall be deemed to be registered as a social landlord forthwith upon the transfer or conversion taking effect.
Textual Amendments
F76Words in Sch. 1 para. 13(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(a) (with art. 10)
F77Words in Sch. 1 para. 13(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(2)(a) (with arts. 6, 11, 12)
F78Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F79Words in Sch. 1 para. 13(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(2)(b) (with arts. 6, 11, 12)
F80Words in Sch. 1 para. 13(6)(b) substituted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 88(5) (with art. 12)
F81Sch. 1 para. 13(7)(a)(b) and the word “are” immediately preceding substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F82Words in Sch. 1 para. 13(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(5)(a) (with art. 6, Sch. 3)
F83Words in Sch. 1 para. 13(7)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 16; S.I. 2011/2475, arts. 1(2), 2(v)
F84Words in Sch. 1 para. 13(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(5)(b) (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C4Sch. 1 para. 13(7)(a) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
Marginal Citations
Textual Amendments
F85Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
14(1)The [F86Relevant Authority] may present a petition for the winding up under the Insolvency Act 1986 of a registered social landlord which is—U.K.
[F87(a)a company (including a company that is a registered charity), or]
(b)an industrial and provident society (to which the winding up provisions of the M7Insolvency Act 1986 apply in accordance with [F88section 55(1)(a)] of the M8Industrial and Provident Societies Act 1965),
on either of the following grounds.
(2)The grounds are—
(a)that the landlord is failing properly to carry out its purposes or objects, or
(b)that the landlord is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
Textual Amendments
F86Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F87Sch. 1 para. 14(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(f)(i) (with art. 10)
F88Words in Sch. 1 para. 14(1)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(f)(ii) (with art. 10)
Marginal Citations
15(1)This paragraph applies—E+W+S
(a)where a registered social landlord which is an industrial and provident society is dissolved as mentioned in [F89section 55(1)(a) or (b)] of the Industrial and Provident Societies Act 1965 (winding-up under the Insolvency Act 1986 or by instrument of dissolution), and
(b)where a registered social landlord which is [F90a company (including a company that is a registered charity)] is wound up under the Insolvency Act 1986.
(2)On such a dissolution or winding-up, so much of the property of the society or company as remains after meeting the claims of its creditors and any other liabilities arising on or before the dissolution or winding-up shall be transferred to the [F91Relevant Authority] or, if the [F91Relevant Authority] so directs, to a specified registered social landlord.
The above provision has effect notwithstanding anything in the Industrial and Provident Societies Act 1965, [F92the Companies Act 2006] or the Insolvency Act 1986, or in the rules of the society or, as the case may be, in the [F92articles] of the company.
(3)In order to avoid the necessity for the sale of land belonging to the registered social landlord and thereby secure the transfer of the land under this paragraph, the [F91Relevant Authority] may, if it appears to it appropriate to do so, make payments to discharge such claims or liabilities as are referred to in sub-paragraph (2).
(4)Where the registered social landlord which is dissolved or wound up is a charity, the [F91Relevant Authority] may dispose of property transferred to it by virtue of this paragraph only to another registered social landlord—
(a)which is also a charity, and
(b)the objects of which appear to the [F91Relevant Authority] to be, as nearly as practicable, akin to those of the body which is dissolved or wound up.
[F93(5)In any other case the Welsh Ministers may dispose of property transferred to them by virtue of this paragraph to a registered social landlord.]
(6)Where property transferred to the [F91Relevant Authority] by virtue of this paragraph includes land subject to an existing mortgage or charge (whether in favour of the [F91Relevant Authority] or not), the [F91Relevant Authority] may, in exercise of its powers under Part III of the M9Housing Associations Act 1985, dispose of the land either—
(a)subject to that mortgage or charge, or
(b)subject to a new mortgage or charge in favour of the [F91Relevant Authority] securing such amount as appears to the [F91Relevant Authority] to be appropriate in the circumstances.
Textual Amendments
F89Words in Sch. 1 para. 15(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(g)(i) (with art. 10)
F90Words in Sch. 1 para. 15(1)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(g)(ii) (with art. 10)
F91Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F92Word in Sch. 1 para. 15(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(g)(iii) (with art. 10)
F93Sch. 1 para. 15(5) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(6) (with art. 6, Sch. 3)
Marginal Citations
Textual Amendments
F94Sch. 1 para. 15A and preceding cross-heading inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), s. 270(2)(b), Sch. 11 para. 16
15A(1)The [F95 Welsh Ministers] may by regulations provide for any provisions of paragraph 15(2) to (6) to apply in relation to a registered social landlord within sub-paragraph (2)—E+W+S
(a)in such circumstances, and
(b)with such modifications,
as may be specified in the regulations.
(2)A registered social landlord is within this sub-paragraph if—
(a)it is a registered charity, and
(b)it does not fall within sub-paragraph (1) of paragraph 15.
(3)Regulations under this paragraph may in particular provide that any provision of the regulations requiring the transfer of any property of the charity is to have effect notwithstanding—
(a)anything in the terms of its trusts, or
(b)any resolution, order or other thing done for the purposes of, or in connection with, the termination of the charity in any manner specified in the regulations.
(4)Any regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F96the National Assembly for Wales] .]
Textual Amendments
F95Words in Sch. 1 para. 15A(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F96Words in Sch. 1 para. 15A(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)
Textual Amendments
F97Sch. 1 para. 15B and cross-heading inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 72, 90(2); S.I. 2011/2475, arts. 1(2), 2(o), 3(h)
15B(1)This paragraph applies if the Welsh Ministers are satisfied that—
(a)a registered social landlord has failed to meet a standard under section 33A, or
(b)there has been misconduct or mismanagement in the affairs of the registered social landlord.
(2)But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England.
(3)The Welsh Ministers may require the registered social landlord to implement a process specified by them for the purpose of—
(a)inviting persons to apply to undertake management functions of the registered social landlord, and
(b)selecting from the applications and making an appointment.
(4)A requirement may relate to—
(a)the registered social landlord's affairs generally, or
(b)specified affairs.
(5)A requirement must include—
(a)provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),
(b)provision for ensuring best procurement practice (and consistent with any applicable procurement law), and
(c)provision about the terms and conditions on which the manager is to be appointed (including provision about—
(i)setting, monitoring and enforcing performance standards, and
(ii)resources).]
[F9815C(1)Before acting under paragraph 15B(3) the Welsh Ministers must give the registered social landlord a notice—
(a)specifying grounds on which action might be taken under that paragraph,
(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and
(c)explaining the effect of this paragraph.
(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.
(3)The period must—
(a)be a period of at least 28 days, and
(b)begin with the date on which the registered social landlord receives the notice.
(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).
(5)A notice under sub-paragraph (1) must—
(a)refer to section 6A, and
(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15B(3).
(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—
(a)sections 50K and 50S,
(b)paragraphs 15E and 15G.
(7)In imposing a requirement the Welsh Ministers must have regard to views of—
(a)relevant tenants,
(b)the registered social landlord, and
(c)if they think it appropriate, any relevant local housing authority.
(8)A registered social landlord may appeal to the High Court against a requirement under paragraph 15B(3).]
Textual Amendments
F98Sch. 1 para. 15C inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 73, 90(2); S.I. 2011/2475, arts. 1(2), 2(p)
[F9915D(1)This paragraph applies if, as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—
(a)there has been misconduct or mismanagement in the affairs of the registered social landlord, or
(b)a transfer of certain of a registered social landlord's management functions would be likely to improve the management of some or all of its affairs.
(2)But this paragraph does not apply where—
(a)the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England, or
(b)the transfer would be likely to improve the registered social landlord's management of its affairs only in relation to the provision of housing in England.
(3)The Welsh Ministers may require the registered social landlord to transfer management functions to a specified person.
(4)A requirement may relate to—
(a)the registered social landlord's affairs generally, or
(b)specified affairs.
(5)Transfer is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.
(6)A transferee manager is to have—
(a)any power specified in the requirement, and
(b)any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).]
Textual Amendments
F99Sch. 1 para. 15D inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 74, 90(2); S.I. 2011/2475, arts. 1(2), 2(p)
[F10015E(1)Before acting under paragraph 15D(3) the Welsh Ministers must give the registered social landlord a notice—
(a)specifying grounds on which action might be taken under that paragraph,
(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and
(c)explaining the effect of this paragraph.
(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.
(3)The period must—
(a)be a period of at least 28 days, and
(b)begin with the date on which the registered social landlord receives the notice.
(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).
(5)A notice under sub-paragraph (1) must—
(a)refer to section 6A, and
(b)indicate whether or to what extent the social landlord would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15D(3).
(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—
(a)sections 50K and 50S,
(b)paragraphs 15C and 15G.
(7)In imposing a requirement the Welsh Ministers must have regard to views of—
(a)relevant tenants,
(b)the registered social landlord, and
(c)if they think it appropriate, any relevant local housing authority.
(8)A registered social landlord may appeal to the High Court against a requirement under paragraph 15D(3).]
Textual Amendments
F100Sch. 1 para. 15E inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 75, 90(2); S.I. 2011/2475, arts. 1(2), 2(p)
[F10115F(1)This paragraph applies if the Welsh Ministers are satisfied that—
(a)a registered social landlord has failed to meet a standard under section 33A, or
(b)there has been misconduct or mismanagement in the affairs of the registered social landlord.
(2)But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England.
(3)The Welsh Ministers may—
(a)appoint an individual as a manager of the registered social landlord, or
(b)require the registered social landlord to appoint an individual as a manager.
(4)An appointment or requirement may relate to the management of —
(a)the registered social landlord's affairs generally, or
(b)specified affairs.
(5)Appointment is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.
(6)A manager is to have—
(a)any power specified in the appointment or requirement, and
(b)any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).]
Textual Amendments
F101Sch. 1 para. 15F inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 76, 90(2); S.I. 2011/2475, arts. 1(2), 2(q), 3(i)
[F10215G(1)Before acting under paragraph 15F(3) the Welsh Ministers must give the registered social landlord a notice—
(a)specifying grounds on which action might be taken under that paragraph,
(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and
(c)explaining the effect of this paragraph.
(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.
(3)The period must—
(a)be a period of at least 28 days, and
(b)begin with the date on which the registered social landlord receives the notice.
(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).
(5)A notice under sub-paragraph (1) must—
(a)refer to section 6A, and
(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15F(3).
(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—
(a)sections 50K and 50S,
(b)paragraphs 15C and 15E.
(7)The Welsh Ministers may require a manager to report to them on the affairs specified in the appointment or requirement under paragraph 15F(3).
(8)A registered social landlord may appeal to the High Court against an appointment or requirement under paragraph 15F(3).]
Textual Amendments
F102Sch. 1 para. 15G inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 77, 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
[F10315H(1)This paragraph applies if as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—
(a)there has been misconduct or mismanagement in the affairs of a registered social landlord which is an industrial and provident society, or
(b)the management of the affairs of a registered social landlord which is an industrial and provident society would be improved if the landlord were amalgamated with another industrial and provident society.
(2)But this paragraph does not apply where—
(a)the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England, or
(b)the amalgamation would improve the management of the registered social landlord's affairs only in relation to the provision of housing in England.
(3)The Welsh Ministers may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another industrial and provident society.
(4)An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a special resolution by S1 under section 50 of the Industrial and Provident Societies Act 1965 (amalgamation of societies by special resolution).
(5)A copy of an instrument must be sent to and registered by the Financial Services Authority.
(6)An instrument does not take effect until the copy is registered.
(7)The copy must be sent for registration during the period of 14 days beginning with the date of execution, but a copy registered after that period is valid.
(8)Any body created by virtue of an amalgamation must be registered as a social landlord by the Welsh Ministers, and pending registration is to be treated as registered.]
Textual Amendments
F103Sch. 1 para. 15H inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 78, 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
16(1)The [F104Relevant Authority] may from time to time determine accounting requirements for registered social landlords with a view to ensuring that the accounts of every registered social landlord—E+W
(a)are prepared in a proper form, and
(b)give a true and fair view of—
(i)the state of affairs of the landlord, so far as its housing activities are concerned, and
(ii)the disposition of funds and assets which are, or at any time have been, in its hands in connection with those activities.
(2)The [F104Relevant Authority] by a determination under sub-paragraph (1) may lay down a method by which a registered charity is to distinguish in its accounts between its housing activities and other activities.
(3)The accounts of every registered social landlord shall comply with the requirements laid down under this paragraph.
F105(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F106(5)Every registered social landlord shall furnish to the Relevant Authority—
(a)a copy of its accounts, and
(b)(subject to sub-paragraph (7)) a copy of the auditor’s report in respect of them,
within six months of the end of the period to which they relate.
(6)The auditor’s report shall state, in addition to any other matters which it is required to state, whether in the auditor’s opinion the accounts comply with the requirements laid down under this paragraph.
(7)The provisions of sub-paragraphs (5)(b) and (6) do not apply where, by virtue of any enactment—
(a)any accounts of a registered social landlord are not required to be audited, and
(b)instead a report is required to be prepared in respect of them by a person appointed for the purpose (“the reporting accountant”),
and sub-paragraph (8) shall apply in place of those provisions.
(8)In such a case—
(a)the registered social landlord shall furnish to the Relevant Authority a copy of the reporting accountant’s report in respect of the accounts within six months of the end of the period to which they relate; and
(b)that report shall state, in addition to any other matters which it is required to state, whether in the reporting accountant’s opinion the accounts comply with the requirements laid down under this paragraph.]
Textual Amendments
F104Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F105Sch. 1 para. 16(4) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 17(2), Sch. 16
F106Sch. 1 para. 16(5)-(8) substituted for Sch. 1 para. 16(5) (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 17(3)
Modifications etc. (not altering text)
C5Sch. 1 para. 16(3)-(5) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 5
Commencement Information
I3Sch. 1 para. 16 wholly in force 1.10.1996; Sch. 1 para. 16 not in force at Royal Assent see s. 232(3) ; Sch. 1 para. 16(1)(2) in force at 1.8.1996 by 1996/2048, art. 2(1); Sch. 1 para. 16 in force at 1.10.1996 to the extent not already in force, by S.I. 1996/2402, art. 3 (subject to the transitional savings in the Sch. to that S.I.)
Textual Amendments
F107Sch. 1 para. 16A and cross-heading inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 18
[F10816A(1)This paragraph applies to a registered social landlord that—E+W+S
(a)is a company,
(b)is exempt from the audit requirements of the Companies Act 2006 by virtue of section 477 of that Act (small companies’ exemption), and
(c)is not a charity.
(2)The directors of the company must cause a report to be prepared in accordance with paragraph 16B and made to the company’s members in respect of the company’s individual accounts for any year in which the company takes advantage of its exemption from audit.
(3)The Relevant Authority may, in respect of any such financial year, give a direction to the company requiring it—
(a)to appoint a qualified auditor to audit its accounts and balance sheet for that year, and
(b)to furnish to the Relevant Authority a copy of the auditor’s report by such date as is specified in the direction.
(4)A direction under sub-paragraph (3) may not be given until after the end of the financial year to which it relates.
Textual Amendments
F108Sch. 1 paras. 16A-16E substituted for Sch. 1 para. 16A (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(3) (with arts. 6, 11, 12)
16B.(1)The report required for the purposes of paragraph 16A(2) must be prepared by a person (“the reporting accountant”) who is eligible under paragraph 16C.E+W+S
(2)The report must state whether in the opinion of the reporting accountant making it—
(a)the accounts of the company for the financial year in question are in agreement with the accounting records kept by the company under section 386 of the Companies Act 2006, and
(b)having regard only to, and on the basis of, the information contained in those accounting records, those accounts have been drawn up in a manner consistent with the provisions of Part 15 of that Act, so far as applicable to the company.
(3)The report must also state that in the opinion of the reporting accountant, having regard only to, and on the basis of, the information contained in the accounting records kept by the company under section 386 of the Companies Act 2006, the company is entitled to exemption from audit under section 477 of that Act (small companies’ exemption) for the financial year in question.
(4)The report must state the name of the reporting accountant and be signed and dated.
(5)The report must be signed—
(a)where the reporting accountant is an individual, by that individual;
(b)where the reporting accountant is a firm, for and on behalf of the firm by an individual authorised to do so.
Textual Amendments
F108Sch. 1 paras. 16A-16E substituted for Sch. 1 para. 16A (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(3) (with arts. 6, 11, 12)
16C.(1)The reporting accountant must be either—E+W+S
(a)a member of a body listed in sub-paragraph (4) who, under the rules of the body—
(i)is entitled to engage in public practice, and
(ii)is not ineligible for appointment as a reporting accountant, or
(b)any person (whether or not a member of any such body) who—
(i)is subject to the rules of any such body in seeking appointment or acting as a statutory auditor under Part 42 of the Companies Act 2006, and
(ii)under those rules, is eligible for such appointment.
(2)In sub-paragraph (1), references to the rules of a body listed in sub-paragraph (4) are to the rules (whether or not laid down by the body itself) which the body has power to enforce and which are relevant for the purposes of Part 42 of the Companies Act 2006 (statutory auditors) or this paragraph.
This includes rules relating to the admission and expulsion of members of the body, so far as relevant for the purposes of that Part or this paragraph.
(3)An individual or a firm may be appointed as a reporting accountant, and section 1216 of the Companies Act 2006 (effect of appointment of partnership) applies to the appointment as reporting accountant of a partnership constituted under the law of England and Wales or Northern Ireland, or under the law of any other country or territory in which a partnership is not a legal person.
(4)The bodies referred to in sub-paragraphs (1) and (2) are—
(a)the Institute of Chartered Accountants in England and Wales,
(b)the Institute of Chartered Accountants of Scotland,
(c)the Institute of Chartered Accountants in Ireland,
(d)the Association of Chartered Certified Accountants,
(e)the Association of Authorised Public Accountants,
(f)the Association of Accounting Technicians,
(g)the Association of International Accountants,
(h)the Chartered Institute of Management Accountants, and
(i)the Institute of Chartered Secretaries and Administrators.
(5)The Secretary of State may by order amend sub-paragraph (4) by adding or removing a body to or from the list in that sub-paragraph or by varying any entry for the time being included in that list.
(6)An order under sub-paragraph (5) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)A person may not be appointed by a company as reporting accountant if he would be prohibited from acting as auditor of that company by virtue of section 1214 of the Companies Act 2006 (independence requirement).
Textual Amendments
F108Sch. 1 paras. 16A-16E substituted for Sch. 1 para. 16A (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(3) (with arts. 6, 11, 12)
16D.(1)The provisions of the Companies Act 2006 listed in sub-paragraph (2) apply to the reporting accountant and a reporting accountant’s report as they apply to an auditor of the company and an auditor’s report on the company’s accounts, subject to any necessary modifications.E+W+S
(2)The provisions are—
(a)sections 423 to 425 (duty to circulate copies of annual accounts);
(b)sections 431 and 432 (right of member or debenture holder to demand copies of accounts);
(c)sections 434 to 436 (requirements in connection with publication of accounts);
(d)sections 437 and 438 (public companies: laying of accounts before general meeting);
(e)sections 441 to 444 (duty to file accounts with registrar of companies);
(f)section 454(4)(b) and regulations made under that provision (functions of auditor in relation to revised accounts);
(g)sections 499 to 501 (auditor’s right to information);
(h)sections 505 and 506 (name of auditor to be stated in published copies of report).
(3)In sections 505 and 506 as they apply by virtue of this paragraph in a case where the reporting accountant is a firm, any reference to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm.
Textual Amendments
F108Sch. 1 paras. 16A-16E substituted for Sch. 1 para. 16A (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(3) (with arts. 6, 11, 12)
16E.E+W+SIn paragraphs 16A to 16D—
“company” means a company registered under the Companies Act 1985;
“financial year” has the meaning given by section 390 of the Companies Act 2006;
“firm” has the meaning given by section 1173(1) of that Act;
“individual accounts” has the meaning given by section 394 of that Act;
“qualified auditor”, in relation to a company, means a person who—
is eligible for appointment as a statutory auditor of the company under Part 42 of that Act, and
is not prohibited from acting as statutory auditor of the company by virtue of section 1214 of that Act (independence requirement).]
Textual Amendments
F108Sch. 1 paras. 16A-16E substituted for Sch. 1 para. 16A (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 202(3) (with arts. 6, 11, 12)
Textual Amendments
F109Sch. 1 para. 17 and cross-heading substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 19
17(1)This paragraph applies to registered social landlords which are industrial and provident societies.E+W+S
(2)Section 9A of the Friendly and Industrial and Provident Societies Act 1968 (duty to obtain accountant’s reports where section 4 applied) shall have effect, in its application to such a landlord, with the omission of subsection (1)(b) (accountant’s report required only where turnover exceeds a specified sum).
(3)The Relevant Authority may, in respect of any relevant year of account of such a landlord, give a direction to the landlord requiring it—
(a)to appoint a qualified auditor to audit its accounts and balance sheet for that year, and
(b)to furnish to the Relevant Authority a copy of the auditor’s report by such date as is specified in the direction.
(4)For the purposes of sub-paragraph (3), a year of account of a landlord is a “relevant year of account”if—
(a)it precedes that in which the direction is given, and
(b)at the end of it there is in force in relation to it a disapplication under section 4A(1) of the Friendly and Industrial and Provident Societies Act 1968.
(5)In this paragraph—
“qualified auditor” means a person who is a qualified auditor for the purposes of the Friendly and Industrial and Provident Societies Act 1968;
“year of account” has the meaning given by section 21(1) of that Act.]
Textual Amendments
F110Words in Sch. 1 para. 18 cross-heading inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 20(2)
18(1)A registered social landlord which is a registered charity shall, in respect of its housing activities (and separately from its other activities, if any), be subject to the following provisions F111...E+W
F111...
(2)The charity shall in respect of its housing activities—
(a)cause to be kept properly books of account showing its transactions and its assets and liabilities, and
(b)establish and maintain a satisfactory system of control of its books of accounts, its cash holdings and all its receipts and remittances.
The books of account must be such as to enable a true and fair view to be given of the state of affairs of the charity in respect of its housing activities, and to explain its transactions in the course of those activities.
(3)The charity shall for each period of account prepare—
(a)a revenue account giving a true and fair view of the charity’s income and expenditure in the period, so far as arising in connection with its housing activities, and
(b)a balance sheet giving a true and fair view as at the end of the period of the state of the charity’s affairs.
The revenue account and balance sheet must be signed by at least two directors or trustees of the charity.
[F112[F113(4)The charity must appoint a qualified auditor (“the auditor”) to audit the accounts prepared in accordance with sub-paragraph (3) in respect of each period of account in which—
(a)the charity's gross income arising in connection with its housing activities exceeds the sum for the time being specified in section 144(1)(a) of the Charities Act 2011, or
(b)the charity's gross income arising in that connection exceeds the accounts threshold and at the end of that period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities exceeds the sum for the time being specified in section 144(1)(b) of that Act;
and in this sub-paragraph “gross income” and “accounts threshold” have the same meanings as in section 144 of that Act.]
(4A)Where sub-paragraph (4) does not apply in respect of a period of account, the charity must appoint a qualified auditor (“the reporting accountant”) to make such a report as is mentioned in paragraph 18A(1) in respect of the period of account.
[F114(4B)In sub-paragraphs (4) and (4A) “qualified auditor” means a person who—
(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, and
(b)if the appointment were an appointment as a statutory auditor, would not be prohibited from acting by virtue of section 1214 of that Act (independence requirement).]]
(5)The auditor shall make a report to the charity on the accounts audited by him, stating whether in his opinion—
(a)the revenue account gives a true and fair view of the state of income and expenditure of the charity in respect of its housing activities and of any other matters to which it relates, and
(b)the balance sheet gives a true and fair view of the state of affairs of the charity as at the end of the period of account.
(6)The auditor in preparing his report shall carry out such investigations as will enable him to form an opinion as to the following matters—
(a)whether the association has kept, in respect of its housing activities, proper books of account in accordance with the requirements of this paragraph,
(b)whether the charity has maintained a satisfactory system of control over its transactions in accordance with those requirements, and
(c)whether the accounts are in agreement with the charity’s books;
and if he is of opinion that the charity has failed in any respect to comply with this paragraph, or if the accounts are not in agreement with the books, he shall state that fact in his report.
(7)The auditor—
(a)has a right of access at all times to the books, deeds and accounts of the charity, so far as relating to its housing activities, and to all other documents relating to those activities, and
(b)is entitled to require from officers of the charity such information and explanations as he thinks necessary for the performance of his duties;
and if he fails to obtain all the information and explanations which, to the best of his knowledge and belief, are necessary for the purposes of his audit, he shall state that fact in his report.
(8)A period of account for the purposes of this paragraph is twelve months or such other period not less than six months or more than 18 months as the charity may, with the consent of the [F115Relevant Authority], determine.
Textual Amendments
F111Words in Sch. 1 para. 18(1) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 20(3), Sch. 16
F112Sch. 1 para. 18(4)-(4B) substituted for Sch. 1 para. 18(4) (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 20(4)
F113Sch. 1 para. 18(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 72(3) (with s. 20(2), Sch. 8)
F114Sch. 1 para. 18(4B) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 20 (with arts. 6, 11, 12)
F115Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
Textual Amendments
F116 Sch. 1 para. 18A and cross-heading inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 21
18A(1)The report referred to in paragraph 18(4A) is a report—E+W+S
(a)relating to the charity’s accounts prepared in accordance with paragraph 18(3) in respect of the period of account in question, and
(b)complying with sub-paragraphs (2) and (3) below.
(2)The report must state whether, in the opinion of the reporting accountant—
(a)the revenue account or accounts and the balance sheet are in agreement with the books of account kept by the charity under paragraph 18(2),
(b)on the basis of the information contained in those books of account, the revenue account or accounts and the balance sheet comply with the requirements of [F117the Charities Act 2011], and
(c)on the basis of the information contained in those books of account, paragraph 18(4A) applied to the charity in respect of the period of account in question.
(3)The report must also state the name of the reporting accountant and be signed by him.
(4)Paragraph 18(7) applies to the reporting accountant and his functions under this paragraph as it applies to an auditor and his functions under paragraph 18.
(5)The Relevant Authority may, in respect of a relevant period of account of a charity, give a direction to the charity requiring it—
(a)to appoint a qualified auditor to audit its accounts for that period, and
(b)to furnish to the Relevant Authority a copy of the auditor’s report by such date as is specified in the direction;
and paragraph 18(5) to (7) apply to an auditor so appointed as they apply to an auditor appointed under paragraph 18.
(6)For the purposes of sub-paragraph (5), a period of account of a charity is a relevant period of account if—
(a)it precedes that in which the direction is given; and
(b)paragraph 18(4A) applied in relation to it.
(7)In this paragraph “period of account” and “qualified auditor” have the same meaning as in paragraph 18(4A).]
Textual Amendments
F117Words in Sch. 1 para. 18A(2)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 72(4) (with s. 20(2), Sch. 8)
19(1)Every responsible person, that is to say, every person who—E+W
(a)is directly concerned with the conduct and management of the affairs of a registered social landlord, and
(b)is in that capacity responsible for the preparation and audit of accounts,
shall ensure that paragraph 16 (general requirements as to accounts and audit) and, where applicable, paragraph 18 (accounting and audit requirements for charities) are complied with by the registered social landlord.
(2)If—
(a)paragraph 16(5) (furnishing of accounts and auditor’s report) is not complied with,
(b)the accounts furnished to the [F118Relevant Authority] under that provision do not comply with the accounting requirements laid down under paragraph 16(1),
(c)paragraph 18 (accounting and audit [F119 or reporting ] requirements for charities), where applicable, is not complied with,
F120(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)any notice under section 26 (information relating to disposal proceeds fund) is not complied with,
every responsible person, and the registered social landlord itself, commits a summary offence and is liable on conviction to a fine not exceeding [F121 level 5 ] on the standard scale.
(3)In proceedings for an offence under this paragraph it is a defence—
(a)for a responsible person to prove that he did everything that could reasonably have been expected of him by way of discharging the relevant duty;
(b)for a registered social landlord to prove that every responsible person did everything that could reasonably have been expected of him by way of discharging the relevant duty in relation to the registered social landlord.
(4)Proceedings for an offence under this paragraph may be brought only by or with the consent of the [F118Relevant Authority] or the Director of Public Prosecutions.
[F122(5)Where any of paragraphs (a) to (e) of sub-paragraph (2) applies in respect of any default on the part of a registered social landlord, the High Court may, on the application of the Relevant Authority, make such order as the court thinks fit for requiring the default to be made good.
Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the registered social landlord or by any of its officers who are responsible for the default.]
Textual Amendments
F118Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F119Words in Sch. 1 para. 19(2)(c) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 22(2)(a)
F120Sch. 1 para. 19(2)(d) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 22(2)(b), Sch. 16
F121Words in Sch. 1 para. 19(2) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 22(2)(c) (with Sch. 11 para. 22(3))
F122Sch. 1 para. 19(5) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 22(4)
Textual Amendments
F123 Sch. 1 para. 19A and cross-heading inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 23
19A(1)A person who is, or has been, an auditor of a registered social landlord does not contravene any duty to which he is subject merely because he gives to the Relevant Authority —E+W+S
(a)information on a matter of which he became aware in his capacity as auditor of the registered social landlord, or
(b)his opinion on such a matter,
if he is acting in good faith and he reasonably believes that the information or opinion is relevant to any functions of the Relevant Authority.
(2)Sub-paragraph (1) applies whether or not the person is responding to a request from the Relevant Authority.
(3)This paragraph applies to a person who is, or has been, a reporting accountant as it applies to a person who is, or has been, an auditor.
(4)A “reporting accountant” means a person appointed as mentioned in paragraph 16(7)(b).]]
Textual Amendments
F124Sch. 1 Pt. 3A and Sch. 1 para. 19B inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 43, 90(2); S.I. 2011/2475, arts. 1(2), 2(g)
19B(1)This Part provides for the inspection of a registered social landlord's affairs.
(2)But this Part does not apply in relation to affairs relating only to the provision of housing in England.]
[F12519C(1)The Welsh Ministers—
(a)may inspect a registered social landlord's affairs, or
(b)may arrange for another person to do so.
(2)An inspection may be general or specific.
(3)If the Welsh Ministers arrange for a person to carry out an inspection, they may direct that person to discontinue it.
(4)If the Welsh Ministers arrange for a person to carry out an inspection, the arrangements may include (among other things) provision about payments.]
Textual Amendments
F125Sch. 1 para. 19C inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 44, 90(2); S.I. 2011/2475, arts. 1(2), 2(g)
[F12619D(1)The person carrying out the inspection must produce a written report.
(2)The Welsh Ministers—
(a)must give the registered social landlord a copy of the report, and
(b)may publish the report and related information.
(3)If the Welsh Ministers have arranged for a person to carry out the inspection, that person may publish the report and related information (whether or not the Welsh Ministers have done so).
(4)If a registered social landlord is inspected, the Welsh Ministers may charge a fee.
(5)A registered social landlord must pay any fee charged to—
(a)the person with whom the Welsh Ministers have made an arrangement to carry out an inspection (if any), or
(b)the Welsh Ministers.
(6)The Welsh Ministers may direct a registered social landlord to pay the fee to one of those persons.
(7)If a fee is paid to a person other than the Welsh Ministers, that person must notify the Welsh Ministers about the payment.]
Textual Amendments
F126Sch. 1 para. 19D inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 45, 90(2); S.I. 2011/2475, arts. 1(2), 2(g)
[F12719E(1)An inspector may by notice require a person to provide specified documents or information.
(2)A requirement may specify—
(a)the form and manner in which a document or information is to be provided (which may include the provision of a legible copy of information stored electronically);
(b)when and where it is to be provided.
(3)The inspector may copy or record documents or information provided.
(4)Failure to comply with a requirement without reasonable excuse is an offence.
(5)Intentionally altering, suppressing or destroying a document or information to which a requirement relates is an offence.
(6)If a person fails to comply with a requirement the High Court may, on an application by the inspector, make an order for the purpose of remedying the failure.
(7)In this paragraph “inspector” means—
(a)the Welsh Ministers, or
(b)a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C.]
Textual Amendments
F127Sch. 1 para. 19E inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 46, 90(2); S.I. 2011/2475, arts. 1(2), 2(g)
[F12819F(1)A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.
(2)A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—
(a)the registered social landlord to whose affairs or activities the document or information relates,
(b)a subsidiary of that landlord, or
(c)an associate of that landlord.
(3)A person guilty of an offence under paragraph 19E(4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4)A person guilty of an offence under paragraph 19E(5) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to—
(i)imprisonment for a term not exceeding two years,
(ii)a fine, or
(iii)both.
(5)Proceedings for an offence under paragraph 19E(4) or (5) may be brought only by or with the consent of—
(a)the Welsh Ministers, or
(b)the Director of Public Prosecutions.]
Textual Amendments
F128Sch. 1 para. 19F inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 47, 90(2); S.I. 2011/2475, arts. 1(2), 2(g)
[F12919G(1)An inspector may at any reasonable time—
(a)enter premises occupied by the registered social landlord which is being inspected, and
(b)inspect, copy or take away documents found there.
(2)But the inspector may not enter residential accommodation (whether the residential accommodation is the whole of, or only part of, premises occupied by the registered social landlord).
(3)The reference to documents found on the premises includes (but is not limited to)—
(a)documents stored on computers or electronic storage devices on the premises, and
(b)documents stored elsewhere which can be accessed by computers on the premises.
(4)The power to inspect documents includes (but is not limited to) the power to inspect any computer or electronic storage device on which they have been created or stored.
(5)An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
(6)For the purposes of sub-paragraphs (3) and (4) an inspector may require any person having charge of a computer to provide any assistance that the inspector reasonably requests.
(7)It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by sub-paragraphs (1) to (6).
(8)A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)Proceedings for an offence may be brought only by or with the consent of—
(a)the Welsh Ministers, or
(b)the Director of Public Prosecutions.
(10)In this paragraph—
“inspector” means—
the Welsh Ministers, or
a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C;
“residential accommodation” means accommodation of any description (including, but not limited to, a dwelling or residential accommodation in a hostel) that is occupied by one or more persons as a permanent or temporary place of residence (whether or not it is also occupied by any person for any other purpose).]
Textual Amendments
F129Sch. 1 para. 19G inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 48, 90(2); S.I. 2011/2475, arts. 1(2), 2(g)
20(1)The [F130Relevant Authority] may direct an inquiry into the affairs of a registered social landlord if it appears to the [F130Relevant Authority] that there may have been misconduct or mismanagement.E+W
F131...
(2)Any such inquiry shall be conducted by one or more persons appointed by the [F130Relevant Authority].
F132(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If the [F130Relevant Authority] so directs, or if during the course of the inquiry the person or persons conducting the inquiry consider it necessary, the inquiry shall extend to the affairs of any other body which at any material time is or was a subsidiary or associate of the registered social landlord.
[F133(4A)The person or persons conducting the inquiry may determine the procedure to be followed in connection with the inquiry.]
(5)The person or persons conducting the inquiry may, if they think fit during the course of the inquiry, make one or more interim reports on such matters as appear to them to be appropriate.
(6)On completion of the inquiry the person or persons conducting the inquiry shall make a final report on such matters as the [F130Relevant Authority] may specify.
(7)An interim or final report shall be in such form as the [F130Relevant Authority] may specify. [F134 , and the Relevant Authority may arrange for the whole or part of an interim or final report to be published in such manner as it considers appropriate. ]
[F135(8)A local authority may, if they think fit, contribute to the expenses of the Relevant Authority in connection with any inquiry under this paragraph.]
Textual Amendments
F130Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F131Words in Sch. 1 para. 20(1) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 18; S.I. 2011/2475, arts. 1(2), 2(v)
F132Sch. 1 para. 20(3) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(7), Sch. 4 (with art. 6, Sch. 3)
F133Sch. 1 para. 20(4A) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 24(2)
F134Words in Sch. 1 para. 20(7) added (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 24(3)
F135Sch. 1 para. 20(8) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 24(4)
Modifications etc. (not altering text)
C6Sch. 1 para. 20(3) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
Textual Amendments
F136 Sch. 1 para. 20A and cross-heading inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 25
20A(1)For the purposes of an inquiry the person or persons conducting it may serve a notice on an appropriate person directing him to attend at a specified time and place and do either or both of the following, namely—E+W
(a)give evidence;
(b)produce any specified documents, or documents of a specified description, which are in his custody or under his control and relate to any matter relevant to the inquiry.
(2)The person or persons conducting such an inquiry—
(a)may take evidence on oath and for that purpose administer oaths, or
(b)instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matters about which he is examined.
(3)In this paragraph—
“appropriate person” means a person listed in section 30(2);
“document” has the same meaning as in section 30;
“inquiry” means an inquiry under paragraph 20.
(4)A person may not be required under this paragraph to disclose anything that, by virtue of section 30(4), he could not be required to disclose under section 30.
(5)Section 31 (enforcement of notice to provide information, &c) applies in relation to a notice given under this paragraph by the person or persons conducting an inquiry as it applies in relation to a notice given under section 30 by the Relevant Authority, but subject to sub-paragraph (6).
(6)A person guilty of an offence under section 31(1) as it applies in accordance with sub-paragraph (5) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
(7)Any person who, in purported compliance with a notice given under this paragraph by the person or persons conducting an inquiry, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable to the penalties mentioned in sub-paragraph (6).
(8)Proceedings for an offence under sub-paragraph (7) may be brought only by or with the consent of the Relevant Authority or the Director of Public Prosecutions.]
21(1)A person appointed by the [F137Relevant Authority] under paragraph 20 to conduct an inquiry (or, if more than one person is so appointed, each of those persons) has, for the purposes of the inquiry, the same powers as are conferred on the [F137Relevant Authority] by section 30 (general power to obtain information).E+W
(2)Where by virtue of a notice under that section given by an appointed person any documents are produced to any person, the person to whom they are produced may take copies of or make extracts from them.
(3)Section 31 (enforcement of notice to provide information, &c.) applies in relation to a notice given under this paragraph by an appointed person as it applies in relation to a notice given under section 30 by the [F137Relevant Authority]. [F138 , but subject to sub-paragraph (4). ]
[F139(4)A person guilty of an offence under section 31(1) as it applies in accordance with sub-paragraph (3) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
(5)Any person who, in purported compliance with a notice given under this paragraph by an appointed person, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable to the penalties mentioned in sub-paragraph (4).
(6)Proceedings for an offence under sub-paragraph (5) may be brought only by or with the consent of the Relevant Authority or the Director of Public Prosecutions.]
Textual Amendments
F137Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F138Words in Sch. 1 para. 21(3) added (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 26(2) (with Sch. 11 para. 26(4))
F139Sch. 1 para. 21(4)-(6) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 26(3) (with Sch. 11 para. 26(4))
22(1)For the purposes of an inquiry under paragraph 20 the [F140Relevant Authority] may require the accounts and balance sheet of the registered social landlord concerned, or such of them as the [F140Relevant Authority] may specify, to be audited by a qualified auditor appointed by the [F140Relevant Authority].E+W
(2)A person is a qualified auditor for this purpose if he would be eligible for appointment as auditor of the ordinary accounts of the registered social landlord.
(3)On completion of the audit the appointed auditor shall make a report to the [F140Relevant Authority] on such matters and in such form as the [F140Relevant Authority] may specify.
(4)The expenses of the audit, including the remuneration of the auditor, shall be paid by the [F140Relevant Authority].
(5)An audit under this paragraph is additional to, and does not affect, any audit made or to be made under any other enactment.
Textual Amendments
F140Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
23(1)The [F141Relevant Authority] may make an order under this paragraph—E+W
(a)where an inquiry has been directed under paragraph 20 and the [F141Relevant Authority] has reasonable grounds to believe—
(i)that there has been misconduct or mismanagement in the affairs of the registered social landlord, and
(ii)that immediate action is needed to protect the interests of the tenants of the registered social landlord or to protect the assets of the landlord; or
(b)where an interim report has been made under paragraph 20(5) as a result of which the [F141Relevant Authority] is satisfied that there has been misconduct or mismanagement in the affairs of a registered social landlord.
(2)The orders that may be made under this paragraph are—
(a)an order suspending any officer, employee or agent of the registered social landlord who appears to the [F141Relevant Authority] to have been responsible for or privy to the misconduct or mismanagement or by his conduct to have contributed to or facilitated it;
(b)an order directing any bank or other person who holds money or securities on behalf of the registered social landlord not to part with the money or securities without the approval of the [F141Relevant Authority];
(c)an order restricting the transactions which may be entered into, or the nature or amount of the payments which may be made, by the registered social landlord without the approval of the [F141Relevant Authority].
[F142(2A)Before making an order under sub-paragraph (2)(b) or (c) the Welsh Ministers must take all reasonable steps to give notice to the registered social landlord and, in the case of an order under sub-paragraph (2)(b), to the person to whom the order is directed.]
(3)An order under this paragraph, if not previously revoked by the [F141Relevant Authority], shall cease to have effect six months after the making of the final report under paragraph 20(6) unless the [F141Relevant Authority] renews it, which it may do for a further period of up to six months.
(4)A person suspended by an order under sub-paragraph (2)(a) may appeal against the order to the High Court.
(5)Where a person is suspended by such an order, the [F141Relevant Authority] may give directions with respect to the performance of his functions and otherwise as to matters arising from his suspension.
The [F141Relevant Authority] may, in particular, appoint a named person to perform his functions.
(6)A person who contravenes an order under sub-paragraph (2)(b) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or both.
Proceedings for such an offence may be brought only by or with the consent of the [F141Relevant Authority] or the Director of Public Prosecutions.
Textual Amendments
F141Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F142Sch. 1 para. 23(2A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 79, 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
24(1)Where the [F143Relevant Authority] is satisfied, as the result of an inquiry under paragraph 20 or an audit under paragraph 22, that there has been misconduct or mismanagement in the affairs of a registered social landlord, it may make an order under this paragraph.E+W
(2)The orders that may be made under this paragraph are—
(a)an order removing any officer, employee or agent of the registered social landlord who appears to the [F143Relevant Authority] to have been responsible for or privy to the misconduct or mismanagement or by his conduct to have contributed to or facilitated it;
(b)an order suspending any such person for up to six months, pending determination whether he should be removed;
(c)an order directing any bank or other person who holds money or securities on behalf of the registered social landlord not to part with the money or securities without the approval of the [F143Relevant Authority];
(d)an order restricting the transactions which may be entered into, or the nature or amount of the payments which may be made, by the registered social landlord without the approval of the [F143Relevant Authority].
(3)Before making an order under sub-paragraph (2)(a) the [F143Relevant Authority] 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 registered social landlord concerned.
Notice under this sub-paragraph may be given by post, and if so given to the person whom the [F143Relevant Authority] intends to remove may be addressed to his last known address in the United Kingdom.
[F144(3A)Before making an order under sub-paragraph (2)(c) or (d) the Welsh Ministers must take all reasonable steps to give notice to the registered social landlord and, in the case of an order under sub-paragraph (2)(c), to the person to whom the order is directed.]
(4)A person who is ordered to be removed under sub-paragraph (2)(a) or suspended under sub-paragraph (2)(b) may appeal against the order to the High Court.
(5)Where a person is suspended under sub-paragraph (2)(b), the [F143Relevant Authority] may give directions with respect to the performance of his functions and otherwise as to matters arising from the suspension.
The [F143Relevant Authority] may, in particular, appoint a named person to perform his functions.
(6)A person who contravenes an order under sub-paragraph (2)(c) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months, or both.
Proceedings for such an offence may be brought only by or with the consent of the [F143Relevant Authority] or the Director of Public Prosecutions.
[F145(7)An order under sub-paragraph (2)(c) or (d) has effect until revoked by the Welsh Ministers.]
Textual Amendments
F143Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F144Sch. 1 para. 24(3A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 80(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
F145Sch. 1 para. 24(7) added (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 80(3), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
25[F146(1)A person is disqualified from acting as an officer of a registered social landlord if the person has been removed under—E+W
(a)paragraph 24(2)(a) (removal for misconduct or mismanagement), or
(b)section 260 of the Housing and Regeneration Act 2008, section 30(1)(a) of the Housing Associations Act 1985 or section 20(1)(a) of the Housing Act 1974 (other similar provisions).]
(2)The [F147Relevant Authority] may, on the application of any such person, waive his disqualification either generally or in relation to a particular registered social landlord or particular class of registered social landlord.
(3)Any waiver shall be notified in writing to the person concerned.
(4)For the purposes of this paragraph the [F147Relevant Authority] shall keep, in such manner as it thinks fit, a register of all persons who have been removed from office by the [F147Relevant Authority] under the provisions mentioned in sub-paragraph (1).
[F148(4A)The register must show details of any waivers.]
(5)The register shall be available for public inspection at all reasonable times.
Textual Amendments
F146Sch. 1 para. 25(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(8) (with art. 6, Sch. 3)
F147Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F148Sch. 1 para. 25(4A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 81(1), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
26(1)A person who acts as an officer of a registered social landlord while he is disqualified under paragraph 25(1) commits an offence.E+W
A person guilty of such an offence is liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F14912 months] or to a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
[F150(1A)In relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (short sentences) the reference in sub-paragraph (1)(a) to 12 months has effect as if it were a reference to 6 months.]
(2)Proceedings for an offence under sub-paragraph (1) may be brought only by or with the consent of the [F151Relevant Authority] or the Director of Public Prosecutions.
(3)Acts done as an officer of a registered social landlord by a person who is disqualified under paragraph 25(1) are not invalid by reason only of that disqualification.
(4)Where the [F151Relevant Authority] is satisfied—
(a)that a person has acted as an officer of a registered social landlord while disqualified under paragraph 25(1), and
(b)that while so acting he has received from the registered social landlord any payments or benefits in connection with his so acting,
it may by order direct him to repay to the registered social landlord the whole or part of any such sums or, as the case may be, to pay to it the whole or part of the monetary value (as determined by it) of any such benefit.
[F152(5)If a person fails to comply with an order directing repayment, the registered social landlord or the Welsh Ministers (as the case may be) may recover the sum or specified amount as a debt.]
Textual Amendments
F149Words in Sch. 1 para. 26(1)(a) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 82(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
F150Sch. 1 para. 26(1A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 82(3), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
F151Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F152Sch. 1 para. 26(5) added (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 82(4), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
27(1)Where as a result of an inquiry under paragraph 20 or an audit under paragraph 22 the [F153Relevant Authority] is satisfied as regards a registered social landlord—E+W
(a)that there has been misconduct or mismanagement in its administration, or
(b)that the management of its land would be improved if its land were transferred in accordance with the provisions of this paragraph,
the [F153Relevant Authority] may, F154. . . direct the registered social landlord to make such a transfer . F155...
(2)Where the registered social landlord concerned is a charity, the [F153Relevant Authority] may only direct a transfer to be made to another registered social landlord—
(a)which is also a charity, and
(b)the objects of which appear to the [F153Relevant Authority] to be, as nearly as practicable, akin to those of the registered social landlord concerned.
(3)In any other case the [F153Relevant Authority] may direct a transfer to be made to the [F153Relevant Authority] or to another registered social landlord.
(4)The transfer shall be on such terms as the [F153Relevant Authority] may direct on the basis of principles determined by it.
F156...
(5)The price shall not be less than the amount certified by the district valuer to be the amount the property would command if sold by a willing seller to another registered social landlord.
(6)The terms shall include provision as to the payment of debts and liabilities (including debts and liabilities secured on the land).
Textual Amendments
F153Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F154Words in Sch. 1 para. 27(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 96(6)(a), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F155Words in Sch. 1 para. 27(1) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(9)(a), Sch. 4 (with art. 6, Sch. 3)
F156Words in Sch. 1 para. 27(4) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 106(9)(b), Sch. 4 (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C7Sch. 1 para. 27(4) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
Commencement Information
I4Sch. 1 para. 27 wholly in force at 1.10.1996; Sch. 1 para. 27 not in force at Royal Assent see s. 232(3); Sch. 1 para. 27(4) in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3; Sch. 1 para. 27 in force at 1.10.1996 to the extent that it is not already in force, by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. of that S.I.)
28(1)The [F157Relevant Authority] may exercise its powers under paragraphs 20 to 26 in relation to a registered charity only if the charity has [F158 received public assistance]F159...E+W
F160(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In relation to a registered charity paragraphs 20 to 26 have effect with the following adaptations—
(a)references to its affairs are confined to its housing activities and such other activities (if any) as are incidental to or connected with its housing activities;
(b)references to its accounts do not include revenue accounts which do not relate to its housing activities, except so far as such accounts are necessary for the auditing of revenue accounts which do so relate or of the balance sheet;
(c)a person is a qualified auditor for the purpose of paragraph 22 (extraordinary audit) only if he is an auditor qualified for the purposes of paragraph 18 (accounting and audit requirements for charities).
(4)The [F157Relevant Authority] shall notify the [F161Charity Commission] upon the exercise in relation to a registered charity of its powers under—
(a)paragraph 20(1) (inquiry into affairs of registered social landlord),
(b)paragraph 23(2)(a) (interim suspension of person in connection with misconduct or mismanagement), or
(c)paragraph 24(2)(a) or (b) (removal of person in connection with misconduct or mismanagement or suspension with a view to removal).
Textual Amendments
F157Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F158Words in Sch. 1 para. 28(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 20(a)(i); S.I. 2011/2475, arts. 1(2), 2(v)
F159Words in Sch. 1 para. 28(1) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 20(a)(ii); S.I. 2011/2475, arts. 1(2), 2(v)
F160Sch. 1 para. 28(2) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 20(b); S.I. 2011/2475, arts. 1(2), 2(v)
F161Words in Sch. 1 para. 28(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(5); S.I. 2007/309, art. 2, Sch.
29E+WThe [F162Relevant Authority] may not exercise its powers under paragraph 27 in relation to a registered charity.
Textual Amendments
F162Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
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