OpenLegislation

Paragraph 4

England and Wales

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

(1)

The F1Relevant Authority may, in accordance with the following provisions, by order remove F2 an officer of a registered social landlord —

F3(a)

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

(b)

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

(c)

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

(2)

The Relevant Authority may make an order removing any such person if—

(a)

he has been F4made bankrupt or F5a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, or he has made an arrangement with his creditors;

F6(b)

he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002;

(c)

he is subject to an order under section 429(2) of the M1Insolvency Act 1986 (failure to pay under county court administration order);

(d)

he is disqualified under F7section 178 of the Charities Act 2011 from being a charity trustee;

(e)

he is incapable of acting by reason of mental disorder;

(f)

he has not acted; or

(g)

he cannot be found or does not act and his absence or failure to act is impeding the F8registered social landlord's compliance with a requirement imposed by or under an enactment.

(3)

Before making an order the Relevant Authority shall give at least 14 days’ notice of its intention to do so to the person whom it intends to remove, and to the registered social landlord.

(4)

That notice may be given by post, and if so given to the person whom the Relevant Authority intend to remove may be addressed to his last known address in the United Kingdom.

(5)

A person who is ordered to be removed under this paragraph may appeal against the order to the High Court.

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. 4(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F3

Sch. 1 para. 4(1)(a)-(c) omitted (18.10.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), ss. 84(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F4

Word in Sch. 1 para. 4(2)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

F5

Words in Sch. 1 para. 4(2)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 36 (with art. 5)

F6

Sch. 1 para. 4(2)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(10)(b) (with art. 10)

F7

Words in Sch. 1 para. 4(2)(d) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 72(2) (with s. 20(2), Sch. 8)

F8

Words in Sch. 1 para. 4(2)(g) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 6(2), 19(2); S.I. 2018/777, art. 3(b)

Marginal citations

M1

1986 c. 45.

Notes on General power to remove officer

Textual amendments

F1

Words in Sch. 1 para. 4 heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 84(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)