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 [F1the general limit in a magistrates’ court] 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.
[F2(1A)In relation to an offence committed before [F32 May 2022] the reference in sub-paragraph (1)(a) to [F4the general limit in a magistrates’ court] 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 [F5Relevant 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 [F5Relevant 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.
[F6(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
F1Words in Sch. 1 para. 26(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F2Sch. 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)
F3Words in Sch. 1 para. 26(1A) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F4Words in Sch. 1 para. 26(1A) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
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.
F6Sch. 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)