Paragraph 28

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Sch. 1 para. 23(6) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9
Sch. 1 para. 24(6) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9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)

The F1Relevant Authority may exercise its powers under paragraphs 20 to 26 in relation to a registered charity only if the charity has F2 received public assistanceF3...

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In relation to a registered charity paragraphs 20 to 26 have effect with the following adaptations—

(a)

references to its affairs are confined to its housing activities and such other activities (if any) as are incidental to or connected with its housing activities;

(b)

references to its accounts do not include revenue accounts which do not relate to its housing activities, except so far as such accounts are necessary for the auditing of revenue accounts which do so relate or of the balance sheet;

(c)

a person is a qualified auditor for the purpose of paragraph 22 (extraordinary audit) only if he is an auditor qualified for the purposes of paragraph 18 (accounting and audit requirements for charities).

(4)

The Relevant Authority shall notify the F5Charity Commission upon the exercise in relation to a registered charity of its powers under—

(a)

paragraph 20(1) (inquiry into affairs of registered social landlord),

(b)

paragraph 23(2)(a) (interim suspension of person F6...), or

(c)

paragraph 24(2)(a) or (b) (removal of person F7... or suspension with a view to removal).

Annotations

Textual amendments

F1: 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.
F2: Words in Sch. 1 para. 28(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 20(a)(i); S.I. 2011/2475, arts. 1(2), 2(v)
F3: Words in Sch. 1 para. 28(1) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 20(a)(ii); S.I. 2011/2475, arts. 1(2), 2(v)
F4: Sch. 1 para. 28(2) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 20(b); S.I. 2011/2475, arts. 1(2), 2(v)
F5: Words in Sch. 1 para. 28(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(5); S.I. 2007/309, art. 2, Sch.
F6: Words in Sch. 1 para. 28(4)(b) omitted (15.8.2018) by virtue of Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), s. 19(2), Sch. 2 para. 15(a); S.I. 2018/777, art. 3(g)
F7: Words in Sch. 1 para. 28(4)(c) omitted (15.8.2018) by virtue of Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), s. 19(2), Sch. 2 para. 15(b); S.I. 2018/777, art. 3(g)