Section 214 - Co-operative Housing and Starr-Bowkett Societies Act 1998 - Power to examine defaulting officers

214Power to examine defaulting officers

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214 Power to examine defaulting officers

(1) In this section—

co-operative housing body to which this section applies means a co-operative housing body—

(a) that has been, or is being, wound-up, or

(b) that is under the management of an administrator, or

(c) in relation to which a receiver or manager has been appointed, whether by the Court or under the powers contained in any instrument, or

(d) that has ceased to carry on business or is unable to pay its debts, or

(e) that has entered into a compromise or scheme of arrangement with its creditors.

(2) For the purposes of subsection (1), a co-operative housing body has ceased to carry on business in the circumstances mentioned in section 207 (2) (Offences by officers).

(3) This section applies if it appears to the Registrar that an officer or former officer of a co-operative housing body to which this section applies has conducted himself or herself in such a way that the officer or former officer has rendered himself or herself liable to action by the body in relation to the performance of the person’s duties as an officer of the body.

(4) The Registrar, or a person who is authorised by the Registrar in that behalf, may apply ex parte to the Court for an order that the officer or former officer must attend before the Court on a day appointed by the Court to be examined as to the person’s conduct and dealings as an officer of the co-operative housing body.

(5) An examination under this section—

(a) must not be held in open court unless the Court otherwise orders, and

(b) may, if the Court so directs and subject to the rules, be held before any District Court Judge named for the purpose by the Court, and the powers of the Court in relation to the conduct of the examination under this section may be exercised by such a Judge.

(6) The Court, on making the order under subsection (4) or at any subsequent time, on the application of any person concerned, may give such directions as to the matters to be inquired into and as to the procedure to be followed in relation to the examination as it considers appropriate.