Housing Act 1996

Powers exercisable on interim basis E+W

23 (1) The [F1 Relevant Authority] may make an order under this paragraph— E+W

(a) where an inquiry has been directed under paragraph 20 and the [F1 Relevant 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 [F1 Relevant 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 [F1 Relevant 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 [F1 Relevant 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 [F1 Relevant Authority].

(3) An order under this paragraph, if not previously revoked by the [F1 Relevant Authority], shall cease to have effect six months after the making of the final report under paragraph 20(6) unless the [F1 Relevant 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 [F1 Relevant Authority] may give directions with respect to the performance of his functions and otherwise as to matters arising from his suspension.

The [F1 Relevant 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 [F1 Relevant Authority] or the Director of Public Prosecutions.

Textual Amendments

F1 Words 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.