Office of Public Sector Information
Section 28
1 (1) The Appeal Officer holds office for the period determined by the Secretary of State on appointment (or re-appointment).
(2) But—
(a) the Appeal Officer may at any time resign the office by giving notice in writing to the Secretary of State, and
(b) the Secretary of State may at any time remove the Appeal Officer on the ground of incapacity or misbehaviour.
(3) Subject to that, the Appeal Officer holds and vacates office on the terms determined by the Secretary of State.
2 (1) The Secretary of State may pay remuneration and travelling and other allowances to the Appeal Officer.
(2) The Secretary of State may—
(a) pay a pension, allowance or gratuity to or in respect of a person who is or has been the Appeal Officer, or
(b) make contributions or payments towards provision for a pension, allowance or gratuity for or in respect of such a person.
3 The Secretary of State may make payments to the Appeal Officer.
4 (1) Regulations may make provision about the practice and procedure to be followed by the Appeal Officer.
(2) Regulations under this paragraph may in particular impose time limits for bringing appeals.
5 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation), insert at the appropriate place—
“Appeal Officer for Community Interest Companies.”
6 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert at the appropriate place—
“Appeal Officer for Community Interest Companies.”
Section 29
1 (1) The Official Property Holder is a corporation sole.
(2) A document purporting to be—
(a) duly executed under the seal of the Official Property Holder, or
(b) signed on behalf of the Official Property Holder,
shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.
2 The Regulator must make available to the Official Property Holder such members of the Regulator’s staff as the Official Property Holder may require in order to exercise the functions of the office.
3 The Regulator must appoint a member of the Regulator’s staff who is to act as Official Property Holder—
(a) during any vacancy in the office, or
(b) if the Official Property Holder is absent, subject to suspension or unable to act.
4 (1) The Official Property Holder holds property vested in or transferred to him as a trustee.
(2) The Official Property Holder may release or deal with the property—
(a) to give effect to any interest in or right over the property of any person (other than the community interest company by which, or in trust for which, the property was held before it was vested or transferred), or
(b) at the request of a person appointed to act as administrative receiver, administrator, provisional liquidator or liquidator of the company.
(3) Subject to sub-paragraph (2), the Official Property Holder may not release or deal with the property except in accordance with directions given by the Regulator.
5 (1) The Official Property Holder may recover his expenses in respect of property held by him from the property or from the community interest company by which, or in trust for which, the property was held before it was vested in or transferred to the Official Property Holder.
(2) Any expenses of the Official Property Holder not recovered under sub-paragraph (1) are to be met by the Regulator.
6 (1) As soon as possible after the end of each financial year, the Official Property Holder must prepare a report on the exercise of the Official Property Holder’s functions during the financial year.
(2) The Official Property Holder must send a copy of the report to the Regulator.
(3) “Financial year” means—
(a) the period beginning with the date on which a person is first appointed as the Official Property Holder and ending with the next 31st March, and
(b) each successive period of 12 months beginning with 1st April.
Companies (Audit, Investigations and Community Enterprise) Act 2004