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| Clause 174, page 68, line 27, at end insert— |
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| | ‘(2) | No standard may be set that would require a registered provider to act in any way |
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| | that is inconistent with— |
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| | (a) | its rules, memorandum and articles of association, or equivalent |
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| | (b) | any legal or contractual commitment, including any loan covenant, for |
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| | the time being binding upon it; or |
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| | (c) | if applicable, its status as a charity (whether or not registered as such).’. |
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| Clause 174, page 68, line 27, at end insert— |
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| | ‘( ) | In respect of profit-making registered providers, standards may be made in |
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| | relation to the management of their affairs only so far as relating to the provision |
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| | Clause, as amended, Agreed to. |
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| Clause 176, page 68, line 38, after ‘standards’ insert ‘or issuing, revising or |
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| withdrawing a code of practice’. |
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| Clause 176, page 68, line 41, at end insert— |
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| | ‘( ) | one or more bodies appearing to it to represent the interests of secured |
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| | creditors of registered providers,’. |
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| | Clause, as amended, Agreed to. |
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| Clause 177, page 69, line 8, at end insert— |
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| | ‘( ) | In deciding whether to give a direction the Secretary of State shall, in particular, |
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| | have regard to the regulator’s fundamental objectives.’. |
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| Clause 177, page 69, line 8, at end insert— |
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| | | ‘provided that any such directive is consistent with the regulator’s fundamental |
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| | objectives as defined in section 86.’. |
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| Clause 177, page 69, line 15, at end insert— |
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| | ‘( ) | A direction may disapply the requirement to consult under section 176 in relation |
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| Clause 177, page 69, line 17, after ‘publish’ insert ‘— |
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| | ( ) | each proposed direction that is the subject of a consultation, |
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| | ( ) | each response to a consultation, and |
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| Clause 177, page 69, line 18, leave out subsection (5). |
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| | Clause, as amended, Agreed to. |
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| Clause 178, page 69, line 21, leave out subsection (1) and insert— |
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| | ‘(1) | The regulator may exercise its powers as set out in Chapters 6 and 7 in order to |
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| | secure the proper management of the affairs of a registered provider. In |
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| | considering whether mismanagement or misconduct has occurred, the regulator |
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| | may have regard (among other matters) to the extent to which the standards are |
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| | being or have been followed.’. |
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| Clause 178, page 69, line 26, at end insert— |
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| | ‘( ) | Standards may be expressed by reference to documents prepared by others.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 180, page 70, line 24, at end insert— |
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| | ‘( ) | Proceedings for an offence under this section may be brought only by or with the |
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| | (b) | the Director of Public Prosecutions.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 181, page 70, line 26, after ‘may’ insert ‘arrange for an inspector to’. |
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| Clause 181, page 70, line 26, after ‘inspect’ insert ‘— |
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| Clause 181, page 70, line 27, at end insert ‘, or |
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| | (b) | the financial or other affairs of a registered provider.’. |
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| Clause 181, page 70, line 27, at end insert— |
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| | ‘( ) | “Inspector” means one or more members of the regulator’s staff, or other persons, |
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| | authorised in writing by the regulator for the purposes of conducting the |
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| Clause 181, page 70, line 27, at end insert— |
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| | ‘( ) | After carrying out an inspection an inspector must produce a written report. |
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| | (a) | must give the registered provider a copy of the report, and |
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| | (b) | may publish the report and related information.’. |
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| Clause 181, page 70, line 29, leave out subsection (3). |
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| Clause 181, page 70, line 33, leave out subsections (4) to (7). |
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| Clause 181, page 70, line 37, leave out ‘and’. |
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| Clause 181, page 70, line 39, at end insert— |
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| | ‘( ) | the Audit Commission for Local Authorities and the National Health |
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| | ( ) | such other persons as the Secretary of State thinks appropriate.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 183, page 71, line 17, leave out ‘in relation to social housing’. |
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| Clause 183, page 71, line 22, after ‘they’, insert ‘and the members of their family’. |
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| | Clause, as amended, Agreed to. |
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| Clause 184, page 71, line 28, at end insert— |
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| | ‘( ) | The inquirer may consider the affairs of a profit-making registered provider only |
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| | so far as relating to social housing.’. |
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| Clause 184, page 71, line 33, leave out ‘publish’ and insert ‘arrange for the |
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| | Clause, as amended, Agreed to. |
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| Clause 185, page 72, line 2, leave out from ‘to’ to end of line 5 and insert ‘provide |
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| specified documents or information.’. |
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| Clause 185, page 72, line 6, leave out subsection (2) and insert— |
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| | ‘(2) | The notice may, in particular, require evidence to be given on oath (and the |
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| | inquirer may administer oaths for that purpose).’. |
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| Clause 185, page 72, line 8, leave out ‘to persons’ and insert ‘documents’. |
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| Clause 185, page 72, line 11, leave out ‘(4), (5), (6) and’ and insert ‘(3) to’. |
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| | Clause, as amended, Agreed to. |
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| Clause 186, page 72, line 21, at end insert— |
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| | ‘( ) | The revenue accounts of a registered charity may be audited under this section |
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| | only insofar as they relate to its housing activities.’. |
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| | Clause, as amended, Agreed to. |
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| Page 72, line 25, leave out Clause 187. |
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| Clause 188, page 72, line 31, leave out from ‘office’ to end of line 36 and insert ‘or, |
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| | (c) | rules, except as provided in subsection (3). |
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| | (3) | The regulator’s prior written consent is required to any change in the society’s |
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| | objects, or any change in the society’s rules directing the application of its |
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| | property in the event of its dissolution, or any change providing authorisation for |
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| | any benefit to be obtained by directors or members of the society or persons |
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| | (4) | Any change requiring the regulator’s consent shall be invalid unless such consent |
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| | (5) | In respect of changes requiring the regulator’s consent, the requirement in section |
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| | 10(1) of the Industrial and Provident Societies Act 1965 (c. 12) (sending copies |
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| | of amendment of rules to FSA) is satisfied only if the copies are accompanied by |
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| | a copy of the regulator’s consent.’. |
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| Clause 188, page 72, line 33, at end insert— |
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| | ‘( ) | The regulator may not consent to an amendment which it thinks would turn the |
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| | society into a profit-making organisation.’. |
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| Clause 190, page 73, line 10, leave out from ‘office’ to end of line 15 and insert ‘or, |
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| | (c) | memorandum and articles of association, except as provided in |
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| | (3) | The regulator’s prior written consent is required to any change in the objects |
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| | clause in the company’s memorandum of association, or any change in the |
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| | company’s memorandum or articles of association directing the application of its |
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| | property in the event of its dissolution, or any change in the company’s |
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| | memorandum or articles of association providing authorisation for any benefit to |
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| | be obtained by directors or members of the company or persons connected with |
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| | (4) | Any change requiring the regulator’s consent shall be invalid unless such consent |
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| | (5) | In respect of changes requiring the regulator’s consent, the requirement in section |
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| | 30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is |
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| | satisfied only if the copy is accompanied by a copy of the regulator’s consent.’. |
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| Clause 190, page 73, line 12, at end insert— |
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| | ‘( ) | The regulator may not consent to an amendment which it thinks would turn the |
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| | company into a profit-making organisation.’. |
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| | Clause, as amended, Agreed to. |
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| Page 73, line 17, leave out Clause 191. |
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| | Clauses 192 and 193 Agreed to. |
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| Clause 194, page 74, line 11, leave out from ‘may’ to end of line 13 and insert |
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| ‘refer to accreditation under this section.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 195, page 74, line 19, at end add— |
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| | ‘(b) | shall not apply to local housing authorities and persons controlled by |
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| | local housing authorities.’. |
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| Clause 196, page 74, line 28, at end insert— |
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| | ‘( ) | Case 2A is where the registered provider has failed to comply with an earlier |
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| Clause 196, page 74, line 28, at end insert— |
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| | ‘( ) | Case 2B is where the registered provider has failed to publish information in |
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| | accordance with a requirement under section 205(2A) or 217(2A).’. |
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| Clause 196, page 74, line 33, at end insert— |
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| | ‘( ) | Case 5A is where the registered provider has failed to pay an annual fee under |
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| | Clause, as amended, Agreed to. |
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| Clause 197, page 75, line 11, at end insert— |
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