Paragraph 26

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 para. 15(1)(b) words inserted by Housing Act 2004 Sch. 11 para. 15(2)
Sch. 1 para. 15(4) words inserted by Housing Act 2004 Sch. 11 para. 15(3)
Sch. 1 para. 23(6) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9
Sch. 1 para. 24(6) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9
Sch. 1 para. 4(2)(c) words substituted by Tribunals, Courts and Enforcement Act 2007 Sch. 16 para. 10

(1)

A person who acts as an officer of a registered social landlord while he is disqualified under paragraph 25(1) commits an offence.

A person guilty of such an offence is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

F2(1A)

In relation to an offence committed before F32 May 2022 the reference in sub-paragraph (1)(a) to F4the general limit in a magistrates’ court has effect as if it were a reference to 6 months.

(2)

Proceedings for an offence under sub-paragraph (1) may be brought only by or with the consent of the F5Relevant Authority or the Director of Public Prosecutions.

(3)

Acts done as an officer of a registered social landlord by a person who is disqualified under paragraph 25(1) are not invalid by reason only of that disqualification.

(4)

Where the Relevant Authority is satisfied—

(a)

that a person has acted as an officer of a registered social landlord while disqualified under paragraph 25(1), and

(b)

that while so acting he has received from the registered social landlord any payments or benefits in connection with his so acting,

it may by order direct him to repay to the registered social landlord the whole or part of any such sums or, as the case may be, to pay to it the whole or part of the monetary value (as determined by it) of any such benefit.

F6(5)

If a person fails to comply with an order directing repayment, the registered social landlord or the Welsh Ministers (as the case may be) may recover the sum or specified amount as a debt.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 26(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F2: Sch. 1 para. 26(1A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 82(3), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)
F3: Words in Sch. 1 para. 26(1A) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F4: Words in Sch. 1 para. 26(1A) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F5: Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F6: Sch. 1 para. 26(5) added (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 82(4), 90(2); S.I. 2011/2475, arts. 1(2), 2(r)