|
| |
| |
(3) | An appointment or requirement may relate to a manager— |
| |
(a) | of the registered provider’s affairs generally in so far as they relate to |
| |
| |
(b) | of specified affairs relating to social housing. |
| |
(4) | Appointment shall be on terms and conditions (including as to remuneration) |
| 5 |
specified in, or determined in accordance with, the appointment or |
| |
| |
(5) | A manager shall have— |
| |
(a) | any power specified in the appointment or requirement, and |
| |
(b) | any other power in relation to the registered provider’s affairs required |
| 10 |
by the manager for the purposes specified in the appointment or |
| |
requirement (including the power to enter into agreements and take |
| |
other action on behalf of the registered provider). |
| |
228 | Section 227: supplemental |
| |
(1) | Before acting under section 227(2) the regulator must give the registered |
| 15 |
| |
(a) | specifying grounds on which action might be taken under that section, |
| |
(b) | warning the provider that the regulator is considering action under that |
| |
| |
(c) | explaining the effect of this section. |
| 20 |
(2) | The provisions of section 199 apply to a notice under subsection (1) above as to |
| |
a pre-enforcement notice (with any necessary modifications). |
| |
(3) | The regulator must send a copy of a notice under subsection (1) to— |
| |
| |
(b) | any other persons it thinks appropriate (having regard, in particular, to |
| 25 |
any person who provided information as a result of which the notice is |
| |
| |
(4) | A notice under subsection (1) must— |
| |
(a) | refer to section 121 (voluntary undertaking), and |
| |
(b) | indicate whether or to what extent the regulator would accept a |
| 30 |
voluntary undertaking instead of, or in mitigation of, action under |
| |
| |
(5) | Notice under subsection (1) may be combined with notice under one or more |
| |
| |
(6) | The regulator may require a manager to report to the regulator on the affairs |
| 35 |
specified in the appointment or requirement under section 227(3). |
| |
(7) | A registered provider may appeal to the High Court against an appointment |
| |
or requirement under section 227(2). |
| |
| |
(1) | This section applies if as a result of an inquiry under section 183 or an audit |
| 40 |
under section 186 the regulator is satisfied that— |
| |
(a) | a non-profit registered provider has failed to meet a standard under |
| |
| |
| |
| |
|
| |
| |
(b) | the affairs of a non-profit registered provider have been mismanaged |
| |
in relation to social housing, or |
| |
(c) | a transfer of land used for social housing by a non-profit registered |
| |
provider would be likely to improve the management of the land. |
| |
(2) | The regulator may require the non-profit registered provider to transfer |
| 5 |
| |
| |
(b) | to another specified registered provider. |
| |
(3) | A requirement may not be imposed on a registered charity. |
| |
(4) | A requirement may be imposed on a charity which is not registered (C1), but |
| 10 |
only for transfer to another charity (C2) whose objects the regulator thinks are |
| |
| |
230 | Section 229: supplemental |
| |
(1) | A transfer under section 229 shall be on terms specified in, or determined in |
| |
accordance with, the requirement. |
| 15 |
(2) | The price shall be not less than an amount certified by the district valuer as the |
| |
amount the property would fetch if sold by a willing seller to another non- |
| |
profit registered provider. |
| |
(3) | The terms shall include provision as to the payment of any debts or liabilities |
| |
in respect of the land (whether or not secured on it). |
| 20 |
(4) | A requirement to transfer land may be imposed only with the Secretary of |
| |
State’s consent (both as to the transfer and the terms). |
| |
| |
(1) | The regulator may by order remove an officer of a non-profit registered |
| |
provider if a Case listed in this section applies to the officer. |
| 25 |
(2) | In subsection (1) “officer” means— |
| |
(a) | in the case of a registered charity, a director or a trustee, |
| |
(b) | in the case of an industrial and provident society, a committee member, |
| |
| |
(c) | in the case of a registered company (other than a registered charity), a |
| 30 |
| |
(3) | Case 1 applies to a person who has been adjudged bankrupt. |
| |
(4) | Case 2 applies to a person who has made an arrangement with creditors. |
| |
(5) | Case 3 applies to a person who is subject to a disqualification order or a |
| |
disqualification undertaking under the Company Directors Disqualification |
| 35 |
Act 1986 (c. 46) or equivalent legislation in Northern Ireland. |
| |
(6) | Case 4 applies to a person who is subject to an order under section 429(2) of the |
| |
Insolvency Act 1986 (c. 45) (disabilities on revocation of county court |
| |
| |
(7) | Case 5 applies to a person who is disqualified under section 72 of the Charities |
| 40 |
Act 1993 (c. 10) from being a charity trustee. |
| |
| |
| |
|
| |
| |
(8) | Case 6 applies to a person who is incapable of acting by reason of mental |
| |
| |
(9) | Case 7 applies to a person who is impeding the proper management of the |
| |
registered provider by reason of absence or failure to act. |
| |
232 | Section 231: supplemental |
| 5 |
(1) | Before making an order under section 231 in respect of an officer the regulator |
| |
must take all reasonable steps to give at least 14 days’ notice to— |
| |
| |
(b) | the registered provider. |
| |
(2) | The person in respect of whom an order is made may appeal to the High Court. |
| 10 |
(3) | An order may be made in respect of an officer of a registered charity only if at |
| |
least one of the following conditions is satisfied: |
| |
(a) | Condition 1 is that the charity has received financial assistance under |
| |
section 24 of the Local Government Act 1988 (c. 9) (assistance for |
| |
privately let housing accommodation); |
| 15 |
(b) | Condition 2 is that the charity has had property transferred to it on a |
| |
qualifying disposal under section 135 of the Leasehold Reform, |
| |
Housing and Urban Development Act 1993 (c. 28) (disposal of |
| |
dwellings by local authorities); |
| |
(c) | Condition 3 is that the charity has received a grant or loan under— |
| 20 |
(i) | section 18 of the Housing Act 1996 (c. 52) (social housing |
| |
| |
(ii) | section 22 of that Act (assistance from local authorities), |
| |
(iii) | section 58 of the Housing Associations Act 1985 (c. 69) (grants |
| |
or loans by local authorities), |
| 25 |
(iv) | section 50 of the Housing Act 1988 (c. 50), section 41 of the |
| |
Housing Associations Act 1985 or any enactment replaced by |
| |
that section (housing association grant), |
| |
(v) | section 51 of the Housing Act 1988 or section 54 or 55 of the |
| |
Housing Associations Act 1985 (revenue deficit grant or hostel |
| 30 |
| |
(vi) | section 79 of the Housing Associations Act 1985 (loans by |
| |
| |
(vii) | section 31 of the Housing Act 1974 (c. 44) (management grants), |
| |
| 35 |
(viii) | any enactment mentioned in paragraph 2 or 3 of Schedule 1 to |
| |
the Housing Associations Act 1985 (pre-1974 grants and certain |
| |
| |
233 | Appointment of new officers |
| |
(1) | The regulator may by order appoint a person as an officer of a non-profit |
| 40 |
| |
(a) | to replace an officer removed by order under section 231, |
| |
(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. |
| 45 |
| |
| |
|
| |
| |
(2) | In subsection (1) “officer” has the same meaning as in section 231. |
| |
(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— |
| 5 |
(a) | on expiry the regulator may by order renew the appointment, and |
| |
(b) | the officer may resign or retire in accordance with the registered |
| |
| |
(5) | An officer appointed by order has the same rights, powers and obligations as |
| |
an officer appointed under the registered provider’s constitution. |
| 10 |
(6) | The regulator may exercise the power in subsection (1) in respect of a |
| |
registered charity only if— |
| |
(a) | a condition in section 232(3) is satisfied, and |
| |
(b) | the regulator has consulted the Charity Commission. |
| |
| 15 |
| |
| |
| |
The Table gives the meaning of “officer” in relation to registered providers. |
| |
| | | | | 20 | | | Registered charity which is not a |
| Trustee, secretary or treasurer |
| | | | | | | | | | | Industrial and provident society |
| “Officer” within the meaning given by |
| | | | | | section 74 of the Industrial and Provident |
| | | | | | Societies Act 1965 (including a person co- |
| | 25 | | | | opted to serve on the society’s committee) |
| | | | | | “Officer” within the meaning given by |
| | | | | | section 1173 of the Companies Act 2006 |
| | |
|
235 | Subsidiary and associate |
| |
(1) | A company is a “subsidiary” of a person if any of the following conditions is |
| 30 |
| |
(2) | Condition 1 is that the person— |
| |
(a) | is a member of the company, and |
| |
(b) | has power, independent of any other person, to appoint or remove all |
| |
or a majority of the board of directors. |
| 35 |
(3) | Condition 2 is that the person holds more than half in nominal value of the |
| |
company's equity share capital. |
| |
| |
| |
|
| |
| |
(4) | Condition 3 is that the company is a subsidiary, within the meaning of the |
| |
Companies Act 2006 (c. 46) or the Friendly and Industrial and Provident |
| |
Societies Act 1968 (c. 55), of a company which is a subsidiary of the person by |
| |
virtue of Condition 1 or 2. |
| |
(5) | In relation to a company which is an industrial and provident society a |
| 5 |
reference to the board of directors is a reference to the committee of |
| |
| |
(6) | “Associate” of a provider means— |
| |
(a) | a body of which the provider is a subsidiary, and |
| |
(b) | any other subsidiary of that body. |
| 10 |
| |
(1) | For the purposes of this Part one person is a member of the family of another |
| |
| |
(a) | they are, or live together as if they were, spouses or civil partners, or |
| |
(b) | one is the parent, grandparent, child, grandchild, brother, sister, uncle, |
| 15 |
aunt, nephew or niece of the other. |
| |
| |
(a) | a relationship by marriage or civil partnership shall be treated as a |
| |
relationship by blood (and, in particular, P’s stepchild shall be treated |
| |
| 20 |
(b) | a relationship by half-blood shall be treated as a relationship by whole |
| |
| |
| |
(1) | In this Part a reference to disposing of property is a reference to— |
| |
| 25 |
| |
| |
(d) | making it subject to a charge, and |
| |
(e) | disposing of it, or of any interest in it, in any other way. |
| |
(2) | Granting an option to require a disposal shall be treated as making a disposal. |
| 30 |
| |
In this Part, except where the context requires otherwise— |
| |
“action” includes inaction, proposed action and decision, |
| |
“assured agricultural occupancy” has the same meaning as in Part 1 of the |
| |
Housing Act 1988 (c. 50), |
| 35 |
“assured tenancy” has the same meaning as in that Part, |
| |
“the Charity Commission” means the Charity Commission for England |
| |
| |
“committee”, in relation to an industrial and provident society, means the |
| |
committee of management or other directing body of the society |
| 40 |
(including any person co-opted to serve on the committee, whether a |
| |
member of the society or not), |
| |
“consent” means written consent, |
| |
| |
| |
|
| |
| |
“constitution” includes rules, |
| |
“conveyance” includes grant, assignment and any other instrument, |
| |
“district valuer” has the meaning given by section 622 of the Housing Act |
| |
| |
| 5 |
(a) | means a house, flat or other building or part of a building |
| |
occupied or intended to be occupied as a separate dwelling, and |
| |
(b) | includes any garden, yard, outhouse or other appurtenance |
| |
belonging to, or usually enjoyed with, the dwelling, |
| |
“the HCA” means the Homes and Communities Agency, |
| 10 |
“industrial and provident society” means a society registered under the |
| |
Industrial and Provident Societies Act 1965 (c. 12), |
| |
“local authority” has the same meaning as in the Housing Associations |
| |
| |
“maintenance” includes repair, |
| 15 |
“mismanagement”, in relation to the affairs of a registered provider, |
| |
| |
(a) | managed in contravention of a provision of this Part or of |
| |
anything done under this Part, or |
| |
(b) | otherwise conducted improperly or inappropriately, |
| 20 |
“non-registrable charity” means a charity which is not required to be |
| |
registered, in accordance with section 3A of the Charities Act 1993 |
| |
| |
“notice” means written notice (and to “notify” means to give written |
| |
| 25 |
“preferential creditor” and “preferential debt” have the same meaning as |
| |
in the Insolvency Act 1986 (c. 45), |
| |
“price” includes premium, |
| |
“registered charity” means a charity registered under the Charities Act |
| |
| 30 |
“registered company” means a company within the meaning of the |
| |
Companies Act 2006 (c. 46), |
| |
“representations” means written representations, |
| |
“secure tenancy” has the same meaning as in Part 4 of the Housing Act |
| |
| 35 |
“secured creditor” means a creditor who holds a mortgage or charge |
| |
(including a floating charge) over— |
| |
(a) | land held by a registered provider, or |
| |
(b) | a present or future interest of a registered provider in rents or |
| |
other receipts from land, and |
| 40 |
“tenant” in relation to social housing includes other occupiers. |
| |
239 | Index of defined terms |
| |
The Table lists expressions defined in this Part. |
| |
|
| |
| |
