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| | following inquiry): supplemental |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where the regulator suspends an officer, employee or agent |
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| | of a registered provider under section (suspension during inquiry) or (removal or |
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| | suspension following inquiry). |
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| | (2) | The regulator may give directions to the registered provider about— |
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| | (a) | the performance of the suspended person’s functions, and |
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| | (b) | any other matter arising from the suspension. |
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| | (3) | The regulator may appoint a person to perform the suspended person’s |
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| | Appeal against removal or suspension |
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| To move the following Clause:— |
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| | ‘A person removed or suspended under section 231, (suspension during inquiry) |
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| | or (removal or suspension following inquiry) may appeal to the High Court.’. |
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| | Disqualification of removed person |
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| To move the following Clause:— |
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| | ‘(1) | A person is disqualified from acting as an officer of a registered provider if the |
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| | person has been removed under— |
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| | (a) | section (removal or suspension following inquiry), or |
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| | (b) | paragraph 24(2)(a) of Schedule 1 to the Housing Act 1996 (c. 52), section |
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| | 30(1)(a) of the Housing Associations Act 1985 (c. 69) or section 20(1)(a) |
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| | of the Housing Act 1974 (c. 44) (other similar provisions). |
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| | (2) | The regulator may waive a disqualification either generally or in relation to a |
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| | particular registered provider or class of registered providers. |
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| | (3) | A waiver may be granted only on an application by the disqualified person. |
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| | (4) | The regulator shall notify a person whose disqualification is waived. |
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| | (5) | If a disqualified person acts as an officer of a registered provider, the person’s acts |
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| | are not invalid by reason only of the disqualification.’. |
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| | Register of disqualified persons |
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| To move the following Clause:— |
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| | ‘(1) | The regulator shall maintain a register of persons disqualified under section |
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| | (disqualification of removed person). |
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| | (2) | The register must show details of any waivers. |
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| | (3) | The regulator shall make the register available for inspection by the public.’. |
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| | Acting while disqualified: offence |
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| To move the following Clause:— |
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| | ‘(1) | It is an offence for a person to act as an officer of a registered provider in respect |
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| | of which the person is disqualified under section (disqualification of removed |
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| | (2) | A person guilty of an offence is liable— |
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| | (a) | on summary conviction, to imprisonment for a term not exceeding |
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| | 12 months or a fine not exceeding the statutory maximum or both; |
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| | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
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| | two years or a fine or both. |
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| | (3) | 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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| | (4) | In relation to an offence committed before the commencement of section 282 of |
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| | the Criminal Justice Act 2003 (c. 44) (short sentences) the reference in subsection |
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| | (2)(a) to 12 months shall have effect as if it were a reference to 6 months.’. |
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| | Acting while disqualified: other consequences |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where the regulator is satisfied that a person— |
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| | (a) | has acted as an officer of a registered provider in respect of which the |
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| | person is disqualified under section (disqualification of removed person), |
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| | (b) | in doing so, has received payments or other benefits from the registered |
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| | (2) | The regulator may require the person to repay the sum or, as the case may be, a |
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| | specified amount representing the whole or part of the value of the benefit. |
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| | (3) | If a person fails to comply with a requirement the registered provider may recover |
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| | the sum or specified amount as a debt.’. |
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| | Restrictions on dealings 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 order a bank or other person who holds money or securities on |
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| | behalf of the registered provider not to part with the money or securities without |
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| | (5) | The regulator may make an order restricting— |
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| | (a) | the transactions that may be entered into by the registered provider, or |
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| | (b) | the nature and amounts of payments that may be made by it. |
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| | (6) | An order under subsection (5) may in particular provide that transactions may not |
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| | be entered into or payments made without the regulator’s consent. |
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| | (7) | The regulator may make an order in respect of a registered provider that is a |
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| | registered charity only if it has received public assistance. |
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| | (8) | 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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| | (a) | may revoke the order before that time; |
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| | (b) | may by order extend it for a specified period of up to 6 months.’. |
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| | Restrictions on dealings 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 that— |
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| | (a) | a non-profit registered provider has failed to meet a standard under |
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| | (b) | the affairs of a non-profit registered provider have been mismanaged. |
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| | (2) | The regulator may order a bank or other person who holds money or securities on |
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| | behalf of the registered provider not to part with the money or securities without |
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| | (3) | The regulator may make an order restricting— |
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| | (a) | the transactions that may be entered into by the registered provider, or |
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| | (b) | the nature and amounts of payments that may be made by it. |
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| | (4) | An order under subsection (3) may in particular provide that transactions may not |
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| | be entered into or payments made without the regulator’s consent. |
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| | (5) | The regulator may make an order in respect of a registered provider that is a |
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| | registered charity only if it has received public assistance. |
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| | (6) | An order under this section has effect until revoked by the regulator.’. |
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| | Restrictions on dealings: supplemental |
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| To move the following Clause:— |
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| | ‘(1) | Before making an order under section (restrictions on dealings during inquiry) or |
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| | (restrictions on dealings following inquiry) the regulator must take all reasonable |
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| | (a) | the registered provider, and |
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| | (b) | in the case of a order under section (restrictions on dealings during |
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| | inquiry)(4) or (restrictions on dealings following inquiry)(2), the person |
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| | to whom the order is directed. |
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| | (2) | Contravention of an order under section (restrictions on dealings during |
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| | inquiry)(4) or (restrictions on dealings following inquiry)(2) is an offence. |
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| | (3) | A person guilty of an offence is liable on summary conviction to a fine not |
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| | exceeding level 5 on the standard scale. |
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| | (4) | 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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| [Adjourned till Thursday at 9.00 a.m. |
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