Section 264 Acting while disqualified: offenceI1

England and Wales

(1)

It is an offence for a person to act as an officer of a registered provider in respect of which the person is disqualified under section 262.

(2)

A person guilty of an offence is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or a fine F2... or both;

(b)

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

(3)

Proceedings for an offence may be brought only by or with the consent of—

(a)

the regulator, or

(b)

the Director of Public Prosecutions.

(4)

In relation to an offence committed before F32 May 2022 the reference in subsection (2)(a) to F4the general limit in a magistrates’ court shall have effect as if it were a reference to 6 months.

Annotations

Textual amendments

F1: Words in s. 264(2)(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: Words in s. 264(2)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 38; S.I. 2023/1001, reg. 2(y)(x)
F3: Words in s. 264(4) 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 s. 264(4) 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

Commencement

I1: S. 264 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Notes on Part 2

Modifications

C1: Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Notes on Suspension and removal of officers of ... registered providers

Textual amendments

F1: Words in cross-heading before s. 259 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 73
F2: Word in s. 259 heading omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 36; S.I. 2024/437, reg. 2(z)