Paragraph 6

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Sch. 1 para. 23(6) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9
Sch. 1 para. 24(6) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9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 by order appoint a person to be a F2officer of a registered social landlord which is a registered charity—

(a)

in place of a person removed by the Relevant Authority,

(b)

where there are F3no officers, or

(c)

where the Relevant Authority is of the opinion that it is necessary F4to have an additional officer in order to ensure that the company complies with a requirement imposed by or under an enactment.

The power conferred by paragraph (c) may be exercised notwithstanding that it will cause the maximum number of F5officers permissible under the charity’s constitution to be exceeded.

(2)

The Relevant Authority shall only exercise its power under sub-paragraph (1) if—

(a)

the charity has, at any time before the power is exercised, received F6public assistance, and

(b)

the Relevant Authority has consulted the F7Charity Commission.

(3)

A person may be so appointed notwithstanding any restrictions on appointment in the charity’s constitution or rules.

(4)

A person appointed under this paragraph shall hold office for such period and on such terms as the Relevant Authority may specify; and on the expiry of the appointment the Relevant Authority may renew the appointment for such period as it may specify.

This does not prevent a person appointed under this paragraph from retiring in accordance with the charity’s constitution or rules.

(5)

A person appointed under this paragraph as F8an officer of a registered charity is entitled—

(a)

to attend, speak and vote at any general meeting of the charity and to receive all notices of and other communications relating to any such meeting which a member is entitled to receive,

(b)

to move a resolution at any general meeting of the charity, and

(c)

to require a general meeting of the charity to be convened within 21 days of a request to that effect made in writing to the directors or trustees.

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. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(a), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F3: Words in Sch. 1 para. 6(1)(b) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(b), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F4: Words in Sch. 1 para. 6(1)(c) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 6(3), 19(2); S.I. 2018/777, art. 3(b)
F5: Words in Sch. 1 para. 6(1) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(d), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F6: Words in Sch. 1 para. 6(2)(a) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 14; S.I. 2011/2475, arts. 1(2), 2(v)
F7: Words in Sch. 1 para. 6(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 192(2); S.I. 2007/309, art. 2, Sch.
F8: Words in Sch. 1 para. 6(5) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(3)(e), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

Notes on Registered charity: power to appoint new officer

Textual amendments

F1: Words in Sch. 1 para. 6 cross-heading substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 85(2), 90(2); S.I. 2011/2475, arts. 1(2), 2(s)