Housing (Regulation of Approved Housing Bodies) Act 2019

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Cancellation of registration on specified grounds

58. (1) At any time, the Regulator may cancel the registration of an AHB on any one or more of the grounds specified in subsection (2).

(2) The following are the grounds referred to in subsection (1):

(a) that the AHB has been convicted of—

(i) an offence under this Act,

(ii) any indictable offence (other than an offence under this Act) in relation to a company or any other body corporate, or

(iii) an offence involving fraud or dishonesty, whether in connection with a company or not;

(b) that the AHB has failed or is failing to comply with any provision of, or a requirement or direction under, this Act;

(c) that the AHB no longer satisfies the eligibility criteria or any of them;

(d) that there are grounds on which the Regulator would be entitled or required to refuse an application under section 27 for the registration of the AHB;

(e) that the AHB is an AHB to which section 34 (9) or (10), as the case may be, applies.

(3) If the Regulator proposes to cancel the registration of an AHB under subsection (1), the Regulator shall give notice of the proposal and of the reasons for it to the AHB and, in so far as it is practicable, to each housing authority in whose functional area any dwellings provided or managed by the AHB in furtherance of its primary object or primary objects specified in section 25 (2)(b)(i) are situated.

(4) A notice of a proposal under subsection (3) shall include a statement that within the period specified in the notice, being a period of not less than 21 days from the date of the notice—

(a) the AHB shall give to the Regulator—

(i) information on its proposals, having regard to the terms and conditions of any assistance given to the AHB under section 6 of the Act of 1992, relating to dwellings provided or managed by it in furtherance of its primary object or primary objects specified in section 25 (2)(b)(i), and

(ii) such other information, specified in the notice, as the Regulator may reasonably require for the purposes of this section,

and

(b) the AHB and housing authority may make representations, in writing, to the Regulator concerning the matter which is the subject matter of the proposal.

(5) The Regulator may extend the period referred to in a notice of a proposal under subsection (3), on application to it in that behalf, in writing, by the AHB or a housing authority referred to in that subsection, where the Regulator is satisfied that there is good and sufficient reason for the extension.

(6) Where notice of a proposal has been given under subsection (3), the Regulator shall not decide the matter until—

(a) the AHB and each housing authority concerned has, within the period specified in the notice—

(i) made representations, in writing, to the Regulator concerning the proposal, or

(ii) notified the Regulator, in writing, that it does not intend to make representations,

or

(b) the AHB and each housing authority concerned has not—

(i) made any representations, or

(ii) notified the Regulator that it does not intend to make representations,

and the period referred to in subsection (4) has elapsed.

(7) Before deciding whether or not to cancel the registration of an AHB under subsection (1) the Regulator shall—

(a) consider any information given and representations made during the period referred to in subsection (4), and

(b) in so far as it is practicable to do so, consult with each housing authority to which notice of a proposal has been given under subsection (3) .

(8) The Regulator shall give notice to the AHB of a decision to cancel the registration of the AHB under subsection (1) and of the reasons for the decision.

(9) An AHB may appeal to the Appeals Panel under Part 7 , not later than 21 days from the date of the notice under subsection (8), against the decision of the Regulator to cancel the registration of the AHB under subsection (1).

(10) A notice under subsection (8) shall inform the AHB of the right to appeal conferred by subsection (9) and of the period referred to in subsection (9) within which an appeal may be brought under Part 7 .

(11) A decision to cancel the registration of an AHB under subsection (1) shall take effect—

(a) where no appeal against the decision is brought under Part 7 , on the expiration of the period specified in subsection (9) for bringing an appeal under that Part, or

(b) in the case where an appeal is brought under Part 7 , on the date on which the decision is confirmed on appeal or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

(12) This section does not apply where—

(a) an investigation under Part 5 into the affairs of the AHB concerned has been commenced and has not yet been completed, or

(b) there are legal proceedings under this Act pending in relation to the AHB concerned and not yet finally determined or withdrawn, as the case may be.