Part 2 E+W Regulation of Social Housing

Valid from 01/04/2010

Chapter 7 E+W Enforcement powers

Suspension and removal of officers [F1 of non-profit registered providers] E+W

Textual Amendments

F1 Words in cross-heading before s. 259 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 73

269 Appointment of new officers E+W

(1) The regulator may by order appoint a person as an officer of a non-profit registered provider—

(a) to replace an officer removed by order under section 266,

(b) where there are no officers, or

(c) if the regulator thinks an additional officer is necessary for the proper management of the body's affairs.

(2) The regulator may appoint more than a minority of the officers of a registered provider only if—

(a) the provider has fewer officers than required by its constitution, or

(b) its constitution does not specify a minimum number of officers.

(3) Subsection (1) overrides any restriction on eligibility or numbers of officers imposed by the body's constitution.

(4) An order appointing an officer shall specify the period for which, and the terms on which, the office is to be held; but—

(a) on expiry the regulator may by order renew the appointment, and

(b) the officer may resign or retire in accordance with the registered provider's constitution.

(5) An officer appointed by order has the same rights, powers and obligations as an officer appointed under the registered provider's constitution.

(6) The regulator may exercise the power in subsection (1) in respect of a registered charity only if—

(a) a condition in section 274 is satisfied, and

(b) the regulator has consulted the Charity Commission.

Commencement Information

I1 S. 269 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)