23(1)The [F1Relevant Authority] may make an order under this paragraph—E+W
(a)where an inquiry has been directed under paragraph 20 and the [F1Relevant Authority] has reasonable grounds to believe—
[F2(i)that a registered social landlord has failed to comply with a requirement imposed by or under an enactment, 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 [F1Relevant Authority] is satisfied that [F3a registered social landlord has failed to comply with a requirement imposed by or under an enactment.]
(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 [F1Relevant Authority] to have been responsible for or privy to the [F4failure] 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 [F1Relevant 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 [F1Relevant Authority].
[F5(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 [F1Relevant Authority], shall cease to have effect six months after the making of the final report under paragraph 20(6) unless the [F1Relevant 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 [F1Relevant Authority] may give directions with respect to the performance of his functions and otherwise as to matters arising from his suspension.
The [F1Relevant 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 [F1Relevant Authority] or the Director of Public Prosecutions.
Textual Amendments
F1Words 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.
F2Sch. 1 para. 23(1)(a)(i) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 10(3)(a), 19(2); S.I. 2018/777, art. 3(c)
F3Words in Sch. 1 para. 23(1)(b) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 10(3)(b), 19(2); S.I. 2018/777, art. 3(c)
F4Word in Sch. 1 para. 23(2)(a) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 10(4), 19(2); S.I. 2018/777, art. 3(c)
F5Sch. 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)