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| | Clause, as amended, Agreed to. |
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| New Clauses relating to part 2 |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may make one or more schemes for the transfer of the |
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| | Housing Corporation’s property, rights or liabilities to— |
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| | (c) | the Secretary of State. |
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| | (2) | On the transfer date, the designated property, rights or liabilities are transferred |
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| | and vest in accordance with the scheme. |
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| | (3) | Schedule 6 applies to a scheme under this section. |
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| | “designated”, in relation to a scheme, means specified in or determined in |
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| | accordance with the scheme; |
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| | “the transfer date” means the date specified by a scheme as the date on |
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| | which the scheme is to have effect.’. |
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| To move the following Clause:— |
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| | ‘The Secretary of State may by notice require the Housing Corporation to provide |
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| | staff, premises, facilities or other assistance to— |
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| To move the following Clause:— |
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| | ‘(1) | The application of the regulator’s seal shall be authenticated by a member or by |
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| | some other person authorised (generally or specially) for that purpose. |
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| | (2) | A document purporting to be duly executed under the seal— |
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| | (a) | shall be received in evidence, and |
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| | (b) | shall be treated as so executed unless the contrary is shown.’. |
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| To move the following Clause:— |
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| | ‘(1) | The regulator may for the purpose of advancing its fundamental objectives— |
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| | (a) | publish ideas or information; |
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| | (b) | undertake research in relation to social housing; |
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| | (c) | provide guidance, advice, education or training. |
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| | (2) | The regulator may for that purpose— |
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| | (a) | arrange for another person to do anything within subsection (1)(a) to (c); |
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| | (b) | act jointly with, cooperate with or assist another person doing anything |
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| | within subsection (1)(a) to (c). |
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| | (3) | The persons to whom advice may be given under subsection (1) include— |
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| | (a) | unregistered housing associations (as defined by section 2B of the |
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| | Housing Associations Act 1985 (c. 69)), and |
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| | (b) | persons who may be forming a housing association (within the meaning |
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| | of section 1(1) of that Act).’. |
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| | Consent to disposals under other legislation |
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| To move the following Clause:— |
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| | ‘The Secretary of State’s functions under the following provisions are transferred |
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| | to the regulator in so far as they relate to disposals by registered providers— |
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| | (a) | section 171D of the Housing Act 1985 (c. 68) (consent to certain |
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| | disposals of housing subject to the preserved right to buy), and |
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| | (b) | section 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain |
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| | disposals of housing obtained from housing action trusts or local |
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| | Section (consent to disposals under other legislation): consequential amendments |
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| To move the following Clause:— |
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| | ‘(1) | In section 171D of the Housing Act 1985 (consent to certain disposals of housing |
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| | obtained subject to the preserved right to buy)— |
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| | (a) | in subsection (2) (consent) for “Secretary of State” substitute |
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| | “appropriate authority”, and |
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| | (b) | after that subsection insert— |
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| | “(2A) | “The appropriate authority” means— |
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| | (a) | in relation to a disposal of land in England by a |
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| | registered provider of social housing, the Regulator of |
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| | (b) | in relation to any other disposal of land in England, the |
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| | (c) | in relation to a disposal of land in Wales, the Welsh |
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| | (2) | In section 81 of the Housing Act 1988 (consent to certain disposals of housing |
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| | obtained from housing action trusts)— |
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| | (a) | in subsection (3) (consent) for “Secretary of State” substitute |
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| | (b) | after that subsection insert— |
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| | “(3A) | In this section “the appropriate authority” means— |
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| | (a) | in relation to a disposal of land in England by a |
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| | registered provider of social housing, the Regulator of |
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| | (b) | in relation to any other disposal of land in England, the |
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| | (c) | in relation to a disposal of land in Wales, the Welsh |
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| | (c) | in subsection (5) (consultation of tenants) for “Secretary of State” |
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| | substitute “appropriate authority”, |
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| | (d) | in subsection (5)(a) for “himself” substitute “itself”, and |
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| | (e) | omit subsection (6) (consultation of Housing Corporation). |
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| | (3) | In section 133 of that Act (consent to certain disposals of housing obtained from |
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| | (a) | in subsection (1) (consent) for “Secretary of State” substitute |
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| | (b) | after that subsection insert— |
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| | “(1ZA) | In this section “the appropriate authority” means— |
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| | (a) | in relation to a disposal of land in England by a |
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| | registered provider of social housing, the Regulator of |
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| | (b) | in relation to any other disposal of land in England, the |
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| | (c) | in relation to a disposal of land in Wales, the Welsh |
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| | (c) | in subsection (3)(c) (modification of certain provisions applied for the |
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| | purposes of section 133) after “this section,” insert “any reference to the |
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| | appropriate national body shall be construed as a reference to the |
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| | appropriate authority and”, |
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| | (d) | in subsection (5) (consultation of tenants) for “Secretary of State” |
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| | substitute “appropriate authority”, |
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| | (e) | in subsection (5)(a) for “himself” substitute “itself”, and |
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| | (f) | omit subsection (6) (consultation of Housing Corporation).’. |
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| | Publication of performance information |
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| To move the following Clause:— |
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| | ‘(1) | The regulator shall publish, at least once a year, information about the |
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| | performance of registered providers. |
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| | (2) | In particular, the regulator shall include information likely to be useful to— |
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| | (b) | potential tenants, and |
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| To move the following Clause:— |
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| | ‘(1) | An inspector appointed under section 181 may by notice require a person to |
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| | provide specified documents or information. |
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| | (2) | The power under subsection (1) may be exercised only in relation to documents |
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| | and information of a kind in respect of which the regulator can impose a |
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| | requirement under section 104. |
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| | (3) | Sections 104(3) to (7) and 105 apply for the purposes of subsection (1) (with any |
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| | necessary modifications). |
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| | (4) | An inspector may at any reasonable time— |
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| | (a) | enter premises occupied by the registered provider which is being |
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| | (b) | inspect, copy or take away documents found there. |
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| | (5) | An inspector may require any person on the premises to provide such facilities or |
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| | assistance as the inspector reasonably requests. |
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| | (6) | It is an offence for a person without reasonable excuse to obstruct an inspector |
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| | exercising the powers conferred by subsection (4) or (5). |
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| | (7) | A person guilty of an offence is liable on summary conviction to a fine not |
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| | exceeding level 3 on the standard scale. |
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| | (8) | Proceedings for an offence may be brought only by or with the consent of— |
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| | (b) | the Director of Public Prosecutions.’. |
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| To move the following Clause:— |
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| | ‘(1) | An inquiry may be held in relation to a registered charity only if it has received |
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| | (2) | An inquiry in relation to a registered charity may only relate to its activities |
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| | (3) | If an inquiry is held in relation to a registered charity the regulator shall notify the |
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| To move the following Clause:— |
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| | ‘(1) | Sums in a registered provider’s disposal proceeds fund may be used or allocated |
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| | only in accordance with a direction by the regulator. |
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| | (2) | If at the end of a period specified by the regulator the disposal proceeds fund |
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| | includes sums which have not been allocated in accordance with subsection (1), |
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| | the regulator may require the registered provider to pay the sums to the HCA.’. |
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| To move the following Clause:— |
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| | ‘If the regulator gives an enforcement notice it must send a copy to the HCA.’. |
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| To move the following Clause:— |
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| | ‘If the regulator imposes a penalty it must send a copy of the penalty notice to the |
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| To move the following Clause:— |
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| | ‘(1) | This section applies when the regulator is considering— |
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| | (a) | whether to award compensation, or |
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| | (b) | the amount of compensation to award. |
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| | (2) | The regulator must take account of any information available to it about the |
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| | financial situation of the registered provider. |
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| | (3) | The regulator must consider the likely impact of the compensation on the |
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| | registered provider’s ability to provide services. |
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| | (4) | In particular, the regulator must aim to avoid— |
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| | (a) | jeopardising the financial viability of the registered provider, |
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| | (b) | preventing the registered provider from honouring financial |
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| | (c) | preventing the registered provider from taking action to remedy the |
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| | matters on the grounds of which the compensation might be awarded.’. |
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| | Suspension during inquiry |
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| To move the following Clause:— |
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| | ‘(1) | The regulator may make an order under this section if— |
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| | (a) | an inquiry under section 183 is in progress in respect of a non-profit |
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| | (b) | either of the following cases applies. |
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| | (2) | Case 1 applies if the regulator has reasonable grounds for believing— |
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| | (a) | that the registered provider has failed to meet a standard under section |
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| | 173 or 174 or that its affairs have been mismanaged, and |
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| | (b) | that the interests of tenants of the registered provider, or its assets, require |
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| | (3) | Case 2 applies if as a result of an inquirer’s interim report under section 184 the |
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| | (a) | that the registered provider has failed to meet a standard under section |
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| | (b) | that its affairs have been mismanaged. |
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| | (4) | The regulator may by order suspend any officer, employee or agent of the |
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| | registered provider who it thinks has contributed to the failure or |
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| | (5) | The regulator may suspend an officer, employee or agent of a registered charity |
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| | only if the charity has received public assistance. |
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| | (6) | An order ceases to have effect at the end of the period of 6 months beginning with |
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| | the day on which the inquirer’s final report under section 184 is made. |
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| | (7) | But the regulator may revoke an order before the end of that period. |
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| | (8) | The regulator shall notify the Charity Commission if it suspends an officer, |
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| | employee or agent of a registered charity.’. |
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| | Removal or suspension following inquiry |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if as a result of an inquiry under section 183 or an audit under |
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| | section 186 the regulator is satisfied— |
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| | (a) | that a non-profit registered provider has failed to meet a standard under |
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| | (b) | that the affairs of a non-profit registered provider have been mismanaged. |
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| | (2) | The regulator may by order remove any officer, employee or agent of the |
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| | registered provider who it thinks has contributed to the failure or |
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| | (3) | Pending a decision whether to remove an officer, employee or agent, the regulator |
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| | may by order suspend the person for a specified period of up to 6 months. |
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| | (4) | The regulator may remove or suspend an officer, employee or agent of a |
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| | registered charity only if the charity has received public assistance. |
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| | (5) | Before making an order the regulator must take all reasonable steps to give at least |
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| | (b) | the registered provider. |
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| | (6) | The regulator shall notify the Charity Commission if it removes or suspends an |
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| | officer, employee or agent of a registered charity.’. |
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| | Suspension under section (suspension during inquiry) or (removal or suspension |
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