Section 46 Appointment of manager to implement agreed proposals.

England and Wales

(1)

Where proposals agreed as mentioned in section 45 so provide, F1the Welsh Ministers may by order F2. . . appoint a manager to implement the proposals or such of them as are specified in the order.

(2)

If the landlord is a registered charity, the Welsh Ministers shall give notice to the F3Charity Commission of the appointment.

(3)

Where proposals make provision for the appointment of a manager, they shall also provide for the payment of his reasonable remuneration and expenses.

(4)

The F4Relevant Authority may give the manager directions in relation to the carrying out of his functions.

F5(4A)

The Welsh Ministers may amend or revoke any directions given by them.

(5)

The manager may apply to the High Court for directions in relation to any particular matter arising in connection with the carrying out of his functions.

A direction of the court supersedes any direction of the Welsh Ministers in respect of the same matter.

(6)

If a vacancy occurs by death, resignation or otherwise in the office of manager, the Welsh Ministers may by further order . . . fill the vacancy.

C1(F67)

An order under this section—

(a)

if made by the Housing Corporation, shall be made under its seal, and

(b)

F7An order made by the F8Welsh Ministers , F9under this section shall be made in writing.

Annotations

Textual amendments

F1: Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F2: Words in s. 46(1)(6) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 88(2), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F3: Words in s. 46(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 189; S.I. 2007/309, art. 2, Sch.
F4: 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.
F5: S. 46(4A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 10; S.I. 2011/2475, arts. 1(2), 2(v)
F6: S. 46(7) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 88(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F7: Words in s. 46(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 91(a) (with art. 6, Sch. 3)
F8: Words in s. 46(7)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F9: Words in s. 46(7)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 91(b) (with art. 6, Sch. 3)

Modifications

C1: S. 46(7) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)

Notes on Part I

Textual amendments

F1: Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F2: Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications

C1: Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3
C2: Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Notes on Chapter IV

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.