Section 269 Appointment of new officersI1
England and Wales
The regulator may by order appoint a person as an officer of a F1private registered provider—
to replace an officer removed by order under section 266,
where there are no officers, F2...
in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,
if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or
In subsection (1)(ba), “board member” means—
in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;
in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;
in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.
The regulator may appoint more than a minority of the officers of a registered provider only if—
the provider has fewer officers than required by its constitution, or
its constitution does not specify a minimum number of officers.
Subsection (1) overrides any restriction on eligibility or numbers of officers imposed by the body's constitution.
An order appointing an officer shall specify the period for which, and the terms on which, the office is to be held; but—
the officer may resign or retire in accordance with the registered provider's constitution.
An officer appointed by order has the same rights, powers and obligations as an officer appointed under the registered provider's constitution.
Annotations
Textual amendments
- F1
Word in s. 269(1) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(a); S.I. 2024/437, reg. 2(y)
- F2
Word in s. 269(1)(b) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(b); S.I. 2024/437, reg. 2(y)
- F3
S. 269(1)(ba)(bb) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(c); S.I. 2024/437, reg. 2(y)
- F4
Words in s. 269(1)(c) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 39; S.I. 2024/437, reg. 2(z) (with reg. 5(6))
- F5
Words in s. 269(1)(c) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 37; S.I. 2017/75, reg. 4
- F6
S. 269(1A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(d); S.I. 2024/437, reg. 2(y)
- F7
Words in s. 269(4)(a) omitted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(e)(i); S.I. 2023/1001, reg. 2(w)(ii)
- F8
Words in s. 269(4)(a) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 18(e)(ii); S.I. 2023/1001, reg. 2(w)(ii)
- F9
S. 269(6)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(g), 46(3); S.I. 2023/1001, reg. 2(n)
- F10
Words in s. 269(6)(b) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 34(5), 46(3); S.I. 2023/1001, reg. 2(o)
Commencement
- I1
S. 269 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)