Notification of change of control

169CBApplication of rules about notification of change of control

This group of sections does not apply to local authorities.

169CCChange in board members

1

A registered provider must notify the regulator if—

a

the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and

b

following that change, any of the circumstances described in subsection (2) arise.

2

The circumstances are that—

a

the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;

b

the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;

c

more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.

3

For the purposes of this section, the “board members” of a registered provider are—

a

in the case of a registered charity which is not a registered company, its charity trustees within the meaning given by section 177 of the Charities Act 2011;

b

in the case of a registered society, the members 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, its directors within the meaning given by section 250 of the Companies Act 2006;

d

in the case of a limited liability partnership, its members.

4

For the purposes of this section, “the relevant period” is—

a

the period of 12 months ending with the day on which the change mentioned in subsection (1)(a) takes effect (“the 12 month period”), or

b

if the registered provider was not a registered provider throughout the 12 month period, the period—

i

beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and

ii

ending with the day on which the change mentioned in subsection (1)(a) takes effect.

169CDChange in subsidiary status

A registered provider must notify the regulator each time—

a

it becomes a subsidiary of a person, or

b

it ceases to be a subsidiary of a person.