C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Suspension and removal of officers F1of F7... registered providers
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
Word in s. 259 heading omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 36; S.I. 2024/437, reg. 2(z)
I1269Appointment of new officers
1
The regulator may by order appoint a person as an officer of a F8private registered provider—
a
to replace an officer removed by order under section 266,
b
where there are no officers, F9...
F10ba
in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,
bb
if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or
F111A
In subsection (1)(ba), “board member” means—
a
in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;
b
in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;
c
in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.
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—
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—
F5a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the regulator F6 notified the Charity Commission of its intention to do so .
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)