Housing and Regeneration Act 2008

Protected mobile home sites to include sites for gypsies and travellers

Family intervention tenancies: general

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92A

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Notices

92B

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92C

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92D

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92E

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Procedure of the Committee and its sub-committees

92F

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92G

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Exercise of functions

92H

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92I

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92J

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Fundamental objectives

92K

• (1) The regulator must perform its functions with a view to achieving (so far as is possible)—

• (a) the economic regulation objective, and

• (b) the consumer regulation objective.

• (2) The economic regulation objective is—

• (a) to ensure that registered providers ... are financially viable and properly managed, and perform their functions efficiently and economically,

• (b) to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing),

• (c) to ensure that value for money is obtained from public investment in social housing,

• (d) to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and

• (e) to guard against the misuse of public funds.

• (3) The consumer regulation objective is—

• (a) to support the provision of social housing that is well-managed , safe, energy efficient and of appropriate quality,

• (b) to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection,

• (c) to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, ...

• (ca) to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and

• (d) to encourage registered providers ... to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.

• (4) The objectives are referred to in this Part as the regulator's fundamental objectives.

• (5) The regulator must exercise its functions in a way that—

• (a) minimises interference, and

• (b) (so far as is possible) is proportionate, consistent, transparent and accountable.

De-registration: voluntary

References to National Assembly for Wales

Transfer schemes

Sub-committees of the Regulation Committee

Exercise of functions

Disposal of property

Voluntary undertaking

Fundamental objectives

Studies

Family intervention tenancies: general

Possession orders relating to certain tenancies

Shared ownership leases: protection for hard to replace houses

Exempt companies: extraordinary audit

Performance information

Former right to buy and other flats: equity share purchases

Requirements to co-operate in relation to certain disposals of land

Section 190: consequential amendments

Exclusions from subsidy arrangements

Armed forces: local connection test

Review of determination of value

Financial assistance for certain services about commonhold

Failure to meet standard under section 193

18

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Powers: general

Contents of designation orders

Structural overview

References to Welsh Ministers

Dissolution of Housing Corporation

Transfer schemes

Membership of the Regulation Committee

Procedure of the Committee and its sub-committees

Exercise of functions

Members' interests

Committees

Change of use, etc.

198A

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198B

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Failure to meet standard under section 193

232A

If the regulator imposes a penalty on a registered provider who owns land in Greater London, it must send a copy of the penalty notice to the Greater London Authority.

Publication of performance information

Management agreements: extending requirements to co-operate

Shared ownership leases: protection for certain leases

Review of determination of value

Approved lending institutions

Service charges: provision of information and designated accounts

Former right to buy and other flats: equity share purchases

Management agreements: extending requirements to co-operate

Former right to buy and other flats: equity share purchases

Armed forces: local connection test

Shared ownership leases: protection for hard to replace houses

Exclusions from subsidy arrangements

Armed forces: local connection test

Purpose

Restriction of “registered social landlord” system to Wales

Restriction of “registered social landlord” system to Wales

References to Welsh Ministers

Membership of the Regulation Committee

Terms of appointment of members

Remuneration etc of members

Non-audited registered society

Former registered providers

Charity

Exclusion of the right to buy: possession orders

Performance information

Standards relating to consumer matters

Management transfer

Publication of performance information

Requirements to co-operate in relation to certain disposals of land

Former right to buy and other flats: equity share purchases

Financial assistance for information and other services

Former right to buy and other flats: service charge loans

Armed forces: local connection test

Approved lending institutions

Approved lending institutions

Orders and regulations

Other amendments

Disposals of dwelling-houses by local authorities

Other amendments

Ineligible persons from abroad: statutory disregards

Building regulations: time limit for prosecutions

Protected mobile home sites to include sites for gypsies and travellers

Orders and regulations

Tax consequences of transfers under section 53A

53B

• (1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—

• (a) any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or

• (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.

• (2) The provision that may be made under subsection (1)(a) includes, in particular, provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

• (b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

• (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

• (3) The provision that may be made under subsection (1)(b) includes, in particular, provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

• (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;

• (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

• (4) In this section—

• “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;

• “tax provision” means a provision of an enactment about a relevant tax.

• (5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to—

• (a) the creation of interests, rights or liabilities under the scheme, and

• (b) the modification of interests, rights or liabilities under the scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).

54

• (1) A transaction between a person and the HCA is not invalid merely because of a failure by the HCA to exercise its powers for the purposes mentioned in sections 3 and 4(2).

• (2) A transaction between a person and the HCA is not invalid merely because it was carried out in contravention of a direction under section 47.

• (3) A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 41(1) or (2).

• (4) A person entering into a transaction with the HCA or a subsidiary of the HCA need not be concerned as to whether—

• (a) there has been a failure of the kind mentioned in subsection (1) or (3), or

• (b) a direction of the kind mentioned in subsection (2) has been given or complied with.

• (5) A disposal of land by the HCA is not invalid merely because any consent required by section 10(1) or (3) has not been given.

• (6) A person dealing with—

• (a) the HCA, or

• (b) a person claiming under the HCA,

in relation to any land need not be concerned as to whether any consent required by section 10(1) or (3) has been given.

References to Welsh Ministers

Membership of the Regulation Committee

The Regulation Committee

Membership of the Regulation Committee

Procedure of the Committee and its sub-committees

Recommendations to HCA

Charity

Charity

De-registration: voluntary

Performance information

Requirements to co-operate in relation to certain disposals of land

Publication of performance information

Former right to buy and other flats: service charge loans

Former right to buy and other flats: equity share purchases

Approved lending institutions

Family intervention tenancies: general

Ineligible persons from abroad: statutory disregards

Other amendments

Shared ownership leases: protection for hard to replace houses

Exclusion of the right to buy: possession orders

Review of determination of value

Approved lending institutions

Former right to buy and other flats: service charge loans

Former right to buy and other flats: equity share purchases

Financial assistance for information and other services

Exclusions from subsidy arrangements

Building regulations: time limit for prosecutions

Building regulations: time limit for prosecutions

Financial assistance for certain services about commonhold

Consequential amendments and repeals

Tax consequences of transfers under section 53A

Validity of transactions

Restriction of “registered social landlord” system to Wales

References to Welsh Ministers

The Regulation Committee

Membership of the Regulation Committee

Terms of appointment of members

Exempt companies: extraordinary audit

General

De-registration: compulsory

Exempt companies: extraordinary audit

Appeal

Overview

Supplemental

Section 249: supplemental

Appointment of manager of private registered provider

Other amendments

Management agreements: extending requirements to co-operate

Requirements to co-operate in relation to certain disposals of land

Possession orders relating to certain tenancies

Certain family intervention tenancies: termination

Shared ownership leases: protection for hard to replace houses

Shared ownership leases: protection for hard to replace houses

Service charges: provision of information and designated accounts

Orders and regulations

Former right to buy and other flats: equity share purchases

Former right to buy and other flats: equity share purchases

Disposals of dwelling-houses by local authorities

Exclusions from subsidy arrangements

Ineligible persons from abroad: statutory disregards

Financial assistance for certain services about commonhold

Protected mobile home sites to include sites for gypsies and travellers

Orders and regulations

74A

• (1) A dwelling ceases to be social housing if a private registered provider ... owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider ....

• (2) Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.

• (3) Subsection (1) does not apply where low cost home ownership accommodation is transferred to—

• (a) the “buyer” under equity percentage arrangements (see section 70(5)), or

• (b) the trustees under a shared ownership trust (see section 70(6)).

• (4) See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.

Notification of constitutional changes

169A

A ... registered provider that is a registered society must notify the regulator of any change to the society's rules , name or registered office.

169B

• (1) The trustees of a registered charity that is a registered provider must notify the regulator of any change to—

• (a) the trusts of the charity;

• (b) the purposes of the charity (if not falling within paragraph (a));

• (c) the name of the charity entered in the register of charities;

• (d) any number allocated to the charity by the Charity Commission which appears in the register of charities;

• (e) any contact address for the charity which appears in the register of charities.

• (2) But the duty to notify the regulator of changes to the matters mentioned in paragraphs (a) to (c) does not apply to the trustees of a registered charity that is a registered company.

• (3) In this section—

• “the register of charities” means the register of charities kept under section 29 of the Charities Act 2011;

• “trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 (see section 353 of that Act).

169C

A ... registered provider that is a registered company must notify the regulator of—

• (a) any amendment of the company's articles of association,

• (b) any change to its name or registered office.

Directions about notifications

169D

• (1) The regulator may give directions about—

• (a) the period within which notifications under sections 160 to 165 or 169A to 169CD must be given by ... registered providers;

• (b) the content of those notifications.

• (2) The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to 169CD.

• (3) A direction under this section may be—

• (a) general, or

• (b) specific (whether as to particular registered providers, particular kinds of notification requirement or in any other way).

• (4) A direction dispensing with a notification requirement may include conditions.

• (5) The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.

Shared ownership leases: protection for hard to replace houses

Withdrawal

Financial assistance for information and other services

Exclusions from subsidy arrangements

Financial assistance for certain services about commonhold

Review of determination of value

Former right to buy and other flats: service charge loans

Other amendments

Exclusions from subsidy arrangements

Armed forces: local connection test

Consequential amendments and repeals

36A

• (1) The HCA must co-operate with the Regulator of Social Housing.

• (2) In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.

• (3) The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.

• (4) The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—

• (a) the provision of accommodation or other facilities;

• (b) technical resources; and

• (c) the provision of staff.

The Regulator

80A

• (1) The Regulator of Social Housing is established as a body corporate.

• (2) The Regulator of Social Housing is referred to in this Part as “the regulator”.

• (3) The regulator (and any member of the regulator)—

• (a) is not the servant or agent of the Crown, and

• (b) does not share any immunity or privilege of the Crown.

• (4) No property of the regulator is to be regarded as property of, or held on behalf of, the Crown.

80B

• (1) The regulator is to consist of—

• (a) a person appointed by the Secretary of State as chair (“the chair”),

• (b) at least 6 and no more than 10 other members, appointed by the Secretary of State, and

• (c) the chief executive appointed under section 80D(1).

• (2) The Secretary of State must consult the chair before appointing a member under subsection (1)(b).

• (3) In appointing a person to be an appointed member the Secretary of State must—

• (a) have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the regulator, and

• (b) be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member.

• (4) The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of subsection (3)(b).

• (5) In this Part “appointed member” means—

• (a) the chair, or

• (b) a member appointed under subsection (1)(b).

80C

• (1) An appointed member holds and vacates office in accordance with the appointed member’s terms of appointment (subject to this section).

• (2) An appointed member may resign by notice to the Secretary of State.

• (3) The Secretary of State may dismiss an appointed member who—

• (a) has been absent from meetings of the regulator for a period of more than 6 months without its permission,

• (b) has become bankrupt or has made an arrangement with the member’s creditors,

• (c) the Secretary of State thinks has failed to comply with the member’s terms of appointment,

• (d) the Secretary of State thinks has failed to comply with the member’s obligations under section 92P (members’ interests),

• (e) the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the member.

80D

• (1) The chair and other appointed members of the regulator must appoint a chief executive.

• (2) But a person may be appointed as chief executive under subsection (1) only if approved by the Secretary of State.

• (3) The regulator may appoint other staff.

• (4) The regulator may pay to its staff such remuneration and allowances as it may decide.

• (5) The regulator may—

• (a) pay such pensions, allowances or gratuities to or in respect of any, or any former, member of staff, or

• (b) pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any, or any former, member of staff,

as it may decide.

Terms of appointment of members

Remuneration etc of members

Remuneration etc of members

Procedure etc.

92L

• (1) The regulator may establish committees and sub-committees.

• (2) A committee or sub-committee may include non-members (provided that it includes at least one member).

• (3) The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—

• (a) is a member of a committee or sub-committee, but

• (b) is not a member of the regulator.

92M

• (1) Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.

• (2) The regulator must make such arrangements as it thinks appropriate for publishing its procedure.

• (3) The validity of any proceedings is not affected by—

• (a) any vacancy of the chair, chief executive or any other member,

• (b) any defect in the appointment of the chair, chief executive or any other member, or

• (c) any contravention of section 92P (members’ interests).

• (4) In this section “procedure” includes quorum.

92N

• (1) The regulator’s procedure under section 92M must include arrangements for dealing with any conflict of interest of—

• (a) members,

• (b) members of staff, or

• (c) members of committees or sub-committees.

• (2) The procedure must oblige a person—

• (a) to declare any financial or other personal interest relevant to the exercise of a function of the regulator, and

• (b) to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.

92O

• (1) The regulator may delegate any of its functions to—

• (a) a committee,

• (b) a sub-committee,

• (c) a member, or

• (d) a member of staff.

• (2) A committee may further delegate to a sub-committee, a member of the regulator, or a member of staff.

92P

• (1) A member of the regulator who is directly or indirectly interested in any matter arising at a meeting of the regulator must disclose the nature of that interest to the meeting.

• (2) A member of a committee or sub-committee of the regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclosure the nature of that interest to the meeting.

• (3) Where a member has disclosed an interest within subsection (1) or (2)—

• (a) that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but

• (b) may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member’s consideration of the matter.

• (4) The regulator must prepare and keep up to date a register of members’ interests of the interests disclosed under subsection (1) or (2).

• (5) The register required by subsection (4) must include the interests of—

• (a) the members of the regulator, and

• (b) all members of committees or sub-committees whether or not falling within paragraph (a).

92Q

• (1) The application of the regulator’s seal must be authenticated by a member of the regulator or by some other person authorised (generally or specially) by the regulator for that purpose.

• (2) A document purporting to be duly executed under the seal—

• (a) is to be received in evidence, and

• (b) is to be treated as so executed unless the contrary is shown.

99A

• (1) The regulator may pay to or in respect of appointed members—

• (a) remuneration, and

• (b) travelling and other allowances.

• (2) The Secretary of State must determine rates and eligibility criteria for payments under subsection (1).

• (3) If the Secretary of State considers that there are special circumstances that justify the payment of compensation to a person on ceasing to be an appointed member, the regulator may pay such compensation as is determined by the Secretary of State.

100A

• (1) The Secretary of State may make payments to the regulator by way of grant or loan.

• (2) A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).

100B

• (1) The regulator may borrow—

• (a) by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or

• (b) from the Secretary of State.

• (2) The regulator may not borrow otherwise.

100C

• (1) The regulator must keep proper accounts (and proper records of its accounts).

• (2) As soon as is reasonably practicable after the end of each financial year the regulator must prepare a statement of accounts in respect of that financial year.

• (3) The statement must be in such form as the Secretary of State may direct.

• (4) The regulator must, within such period as the Secretary of State may direct, send a copy of the statement to—

• (a) the Secretary of State, and

• (b) the Comptroller and Auditor General.

• (5) The Comptroller and Auditor General must—

• (a) examine, certify and report on the statement, and

• (b) send a copy of the certified statement and the report to the Secretary of State as soon as possible.

• (6) The Secretary of State must lay before Parliament a copy of each statement and report received under subsection (5).

100D

• (1) The regulator must, as soon as is reasonably practicable after the end of each financial year, prepare an annual report in relation to how it has exercised its functions during that financial year.

• (2) The regulator must, within such period as the Secretary of State may direct, send a copy of the annual report to the Secretary of State.

• (3) The Secretary of State must lay a copy of each annual report before Parliament.

100E

• (1) The regulator’s financial year is each period of 12 months beginning with 1st April.

• (2) But the first financial year is the period—

• (a) beginning with the day on which section 80A comes into force, and

• (b) ending with the next 31st March.

Relationship with the HCA

100F

• (1) The regulator must, in the exercise of its functions, cooperate with the HCA.

• (2) The regulator must, in particular, consult the HCA on matters related to the HCA’s social housing functions.

100G

• (1) The regulator may direct the HCA not to give financial assistance to a specified registered provider—

• (a) under section 19, and

• (b) in connection with social housing.

• (2) A direction may be given if—

• (a) the regulator has decided to hold an inquiry into the affairs of the registered provider under section 206 (and the inquiry is not concluded),

• (b) an event mentioned in section 145(2) has occurred in relation to the registered provider, or

• (c) the regulator has appointed an officer of the registered provider under section 269 (and the person appointed has not vacated office).

• (3) A direction may prohibit the HCA from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider).

• (4) A direction may not prohibit grants to a registered provider in respect of discounts given by the provider on disposals of dwellings to tenants.

• (5) A direction has effect until withdrawn.

De-registration: compulsory

Appointment of manager of private registered provider

231A

If the regulator imposes a penalty on a registered provider it must send a copy of the penalty notice to the HCA.

Possession orders relating to certain tenancies

Sections 247 and 249: local authorities

Certificates for new homes

Management agreements: extending requirements to co-operate

Exclusion of the right to buy: possession orders

Review of determination of value

Shared ownership leases: protection for certain leases

Approved lending institutions

Financial assistance for certain services about commonhold

Consequential amendments and repeals

Ineligible persons from abroad: statutory disregards

Building regulations: time limit for prosecutions

Protected mobile home sites to include sites for gypsies and travellers

Standards relating to consumer matters

Certain family intervention tenancies: termination

Possession orders relating to certain tenancies

Shared ownership leases: protection for hard to replace houses

Shared ownership leases: protection for hard to replace houses

Other amendments

Exclusions from subsidy arrangements

References to National Assembly for Wales

Dissolution of Housing Corporation

96A

• (1) The regulator must establish a panel of persons called “the Advisory Panel”.

• (2) The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator).

• (3) The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing.

• (4) The regulator must appoint the following persons to the Panel—

• (a) persons appearing to the regulator to represent the interests of—

• (i) registered providers;

• (ii) secured creditors of registered providers;

• (iii) tenants of social housing;

• (iv) local housing authorities,

• (b) the Greater London Authority,

• (c) the HCA, and

• (d) the Secretary of State.

• (5) The regulator may appoint such other persons to the Panel as it thinks fit to appoint.

• (6) The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel.

• (7) The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.

Relationship with housing ombudsman

100H

• (1) The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions.

• (2) The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1).

• (3) The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.

Disposal of property

Overview

194A

• (1) The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).

• (2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

• (a) the knowledge, skills and experience to be required of relevant individuals, and

• (b) the conduct to be expected of relevant individuals in their dealings with tenants.

• (3) Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—

• (a) have a specified qualification in housing management or type of qualification in housing management, or

• (b) are working towards such a qualification or type of qualification.

• (4) Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—

• (a) have a specified qualification in housing management or type of qualification in housing management, or

• (b) are working towards such a qualification or type of qualification.

• (5) Each of the following is a “relevant manager” of a services provider—

• (a) if the services provider is a relevant individual, that individual;

• (b) a senior housing executive of the services provider;

• (c) a senior housing manager of the services provider.

• (6) A qualification or type of qualification specified for a senior housing executive may only be—

• (a) a foundation degree, or

• (b) a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.

• (7) A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.

• (8) The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.

• (9) Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.

• (10) See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).

194B

• (1) This section makes provision about the meaning of terms for the purposes of section 194A.

• (2) “Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.

• (3) For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.

• (4) “Senior housing executive” of a registered provider means a relevant individual who—

• (a) is an employee or officer of the registered provider,

• (b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

• (c) is part of the registered provider’s senior management.

• (5) “Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—

• (a) is—

• (i) an employee of the services provider,

• (ii) an officer of the services provider, or

• (iii) if the services provider is a partnership, a partner in the partnership,

• (b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

• (c) is part of the services provider’s senior management.

• (6) For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—

• (a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or

• (b) the management or organisation of the whole or a substantial part of such activities.

• (7) “Senior housing manager” of a registered provider means a relevant individual who—

• (a) is an employee of the registered provider, and

• (b) is a senior housing and property manager for the registered provider.

• (8) “Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—

• (a) is an employee of the services provider,

• (b) is a senior housing and property manager for the services provider, and

• (c) is involved in the provision of services in connection with the management of social housing provided by the registered provider.

• (9) For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Secretary of State under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.

• (10) In this section—

• “employee” includes a person employed under a contract of apprenticeship;

• “relevant individual” has the same meaning as in section 194A.

• (11) The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—

Services provider	Meaning of “officer”
Registered charity which is not a registered company	Trustee, secretary or treasurer
Registered society	“Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee)
Registered company	“Officer” within the meaning given by section 1173 of the Companies Act 2006
Limited liability partnership	A member of the limited liability partnership.

194C

• (1) The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.

• (2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

• (a) the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—

• (i) their tenants’ rights in connection with those things, and

• (ii) how to make complaints against registered providers,

• (b) monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and

• (c) the publication of information about—

• (i) the remuneration of their executives, and

• (ii) their income, management costs and other expenditure.

• (3) For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—

• (a) an officer or employee of the registered provider, and

• (b) responsible for the management of the provider.

Performance information

198C

• (1) The regulator may give directions to registered providers requiring them to collect, process and publish information about their performance in relation to matters covered by standards under sections 193, 194, 194A and 194C.

• (2) Directions under subsection (1) may, in particular, specify or describe—

• (a) the information that must be collected,

• (b) the period the information must cover,

• (c) the method of collecting, processing and presenting information,

• (d) the form in which information must be presented, and

• (e) what information must be published and when and the manner of publication.

• (3) A direction—

• (a) may make provision that applies generally or only to specified cases, circumstances or registered providers, and

• (b) may make different provision for different cases, circumstances or registered providers.

• (4) The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.

• (5) The regulator may request that a registered provider send to the regulator—

• (a) any information collected by the registered provider pursuant to directions under subsection (1);

• (b) an analysis of that information;

• (c) an explanation of how the information was collected, processed or published.

217A

• (1) Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).

• (2) In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.

• (3) For the purposes of subsection (2)—

• (a) an agreement does not include a contract of employment or a contract of apprenticeship, and

• (b) the services recipient may be the registered provider or another person.

• (4) The terms are that—

• (a) the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;

• (b) in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;

• (c) the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.

• (5) A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—

• (a) a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and

• (b) the manager has or (as the case may be) is working towards such a qualification,

or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).

• (6) A term of a management services agreement is not binding on the services recipient to the extent it would—

• (a) exclude or restrict the liability of the services provider for breach of a term implied by this section, or

• (b) prevent an obligation under a term implied by this section arising or limiting its extent.

• (7) In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).

276A

• (1) The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.

• (2) A “Crown interest” means—

• (a) an interest belonging to His Majesty in right of the Crown, or

• (b) an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.

• (3) A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

276B

• (1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.

• (2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

• (3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Section 249: supplemental

Meaning of sustainability

Service charges: provision of information and designated accounts

Exclusion of the right to buy: demolition notices

Other amendments

Health and safety lead for registered provider

126A

• (1) A registered provider must designate an individual to carry out the functions in section 126B.

• (2) The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.

• (3) The health and safety lead must be—

• (a) in the case of a private registered provider—

• (i) if the provider has at least 15 employees, an employee of the provider;

• (ii) otherwise, an employee or officer of the provider;

• (b) in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—

• (i) the executive leader,

• (ii) another member of the executive, or

• (iii) an employee of the authority;

• (c) in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—

• (i) a member of the executive other than the elected mayor, or

• (ii) an employee of the authority;

• (d) in the case of the Common Council of the City of London, an employee of the Common Council;

• (e) in the case of any other local authority—

• (i) the chairman or vice-chairman of the authority (if holding a paid office), or

• (ii) an employee of the authority.

• (4) In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—

• “elected mayor” (section 9H(1));

• “executive” (section 9C);

• “executive arrangements” (section 9B(4));

• “executive leader” (section 9C(3)(a));

• “leader and cabinet executive (England)” (section 9C(3));

• “mayor and cabinet executive” (section 9C(2)).

• (5) For the purposes of subsection (3)(e)(i)—

• (a) the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);

• (b) a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.

• (6) The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.

126B

• (1) The functions of the health and safety lead for a registered provider are to—

• (a) monitor the provider’s compliance with health and safety requirements;

• (b) assess risks of failure to comply with health and safety requirements;

• (c) notify the responsible body of the provider of—

• (i) risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;

• (ii) material failures by the provider to comply with health and safety requirements;

• (d) provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.

• (2) In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—

• (a) relates to the health or safety of tenants of social housing, and

• (b) applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).

• (3) In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—

• (a) an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));

• (b) a requirement imposed—

• (i) by a notice given under legislation, or

• (ii) by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.

• (4) In subsection (3), “legislation” means any provision of or made under—

• (a) an Act of Parliament, or

• (b) a Measure or Act of Senedd Cymru.

• (5) For the purposes of this section, the “responsible body” of a registered provider—

• (a) in the case of a local authority which operates executive arrangements, is the executive;

• (b) in the case of any other local authority, is the councillors;

• (c) in the case of a private registered provider, has the meaning given by the following table—

Private registered provider	Meaning of “responsible body”
Registered charity which is not a registered company	Its charity trustees within the meaning given by section 177 of the Charities Act 2011
Registered society	Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014
Registered company	Its directors within the meaning given by section 250 of the Companies Act 2006
Limited liability partnership	Its members

(See section 126A(4) for the meanings of terms used in paragraph (a).)

126C

• (1) A registered provider must—

• (a) ensure that the health and safety lead—

• (i) has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and

• (ii) can devote sufficient time to the functions of the health and safety lead,

to perform the role of health and safety lead effectively;

• (b) provide the health and safety lead with the resources needed to carry out those functions.

• (2) A registered provider must, in accordance with requirements published by the regulator—

• (a) notify the regulator of the name and contact details of the health and safety lead, and

• (b) publish that information.

126D

• (1) Nothing in sections 126A to 126C affects—

• (a) the responsibility of a registered provider for compliance with health and safety requirements, or

• (b) the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.

• (2) The health and safety lead is not, by virtue of those sections—

• (a) responsible for the registered provider’s compliance with health and safety requirements, or

• (b) liable for a failure by the registered provider to comply with health and safety requirements,

(but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).

• (3) A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.

161A

• (1) This section applies to a registered provider which is a registered company.

• (2) The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 112(1)(c) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.

• (3) The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.

163A

• (1) This section applies where —

• (a) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies);

• (b) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(b) of that Act (amalgamation of society and company);

• (c) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 110 of that Act (transfer of engagements between societies) and the society to which engagements are transferred is not a registered provider;

• (d) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(c) of that Act (transfer of engagements between society and company) and the company to which engagements are transferred is not a registered provider.

• (2) When the resolution mentioned in subsection (1) (“the relevant resolution”) takes effect, the regulator must decide whether the successor body is eligible for registration under section 112.

• (3) “The successor body” means—

• (a) if the relevant resolution is a resolution described in paragraph (a) or (b) of subsection (1), the body created by virtue of that resolution or by virtue of that resolution and other resolutions described in that paragraph, and

• (b) if the relevant resolution is a resolution described in paragraph (c) or (d) of subsection (1), the body to which engagements are transferred by virtue of the resolution.

• (4) If the successor body is eligible for registration, the regulator must register it and notify it that it has done so.

• (5) If the successor body is not eligible for registration, the regulator must notify it of that fact.

• (6) Pending registration, or notification that it is not eligible for registration, the successor body is to be treated as if it were registered and designated as a non-profit organisation.

163B

• (1) This section applies to a registered provider which is a registered society.

• (2) The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 110(1) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.

• (3) The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.

169ZA

This group of sections does not apply to local authorities.

169CA

A registered provider that is a limited liability partnership must notify the regulator of any change to its name or registered office.

Notification of change of control

169CB

This group of sections does not apply to local authorities.

169CC

• (1) A registered provider must notify the regulator if—

• (a) the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and

• (b) following that change, any of the circumstances described in subsection (2) arise.

• (2) The circumstances are that—

• (a) the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;

• (b) the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;

• (c) more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.

• (3) For the purposes of this section, the “board members” of a registered provider are—

• (a) in the case of a registered charity which is not a registered company, its charity trustees within the meaning given by section 177 of the Charities Act 2011;

• (b) in the case of a registered society, the members of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;

• (c) in the case of a registered company, its directors within the meaning given by section 250 of the Companies Act 2006;

• (d) in the case of a limited liability partnership, its members.

• (4) For the purposes of this section, “the relevant period” is—

• (a) the period of 12 months ending with the day on which the change mentioned in subsection (1)(a) takes effect (“the 12 month period”), or

• (b) if the registered provider was not a registered provider throughout the 12 month period, the period—

• (i) beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and

• (ii) ending with the day on which the change mentioned in subsection (1)(a) takes effect.

169CD

A registered provider must notify the regulator each time—

• (a) it becomes a subsidiary of a person, or

• (b) it ceases to be a subsidiary of a person.

199A

• (1) An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.

• (2) The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—

• (a) to the registered provider, and

• (b) if the premises are occupied, to the occupier (or any one of the occupiers).

• (3) The requirement to give notice may be waived—

• (a) in the case of notice required by subsection (2)(a), by the registered provider, and

• (b) in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.

• (4) Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.

• (5) Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.

• (6) An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.

• (7) An authorised person entering premises to carry out a survey may—

• (a) be accompanied by such other persons, and

• (b) take onto the premises such equipment or materials,

as the authorised person thinks necessary for the purposes of carrying out the survey.

• (8) Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—

• (a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

• (b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

• (9) Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

• (10) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.

199B

• (1) This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.

• (2) The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—

• (a) entry to the premises has been sought under section 199A but has been refused,

• (b) the premises are unoccupied or that the occupier is temporarily absent, or

• (c) there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.

• (3) A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.

• (4) A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.

• (5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—

• (a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

• (b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

• (6) Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

• (7) A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.

• (8) Accompanying persons—

• (a) have the same powers as the authorised person in respect of execution of the warrant, but

• (b) must exercise those powers only in the company, and under the supervision, of the authorised person.

• (9) An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—

• (a) a copy of the warrant;

• (b) a copy of the authorisation mentioned in section 199(3).

• (10) A warrant under this section continues in force until the survey is carried out.

• (11) If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.

201A

• (1) The regulator must make a plan as regards—

• (a) the descriptions of registered provider that should be subject to regular inspection under section 201,

• (b) the intervals at which regular inspections should be carried out under that section, and

• (c) the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.

• (2) The plan may make different provision for different cases, circumstances or areas.

• (3) The regulator must take appropriate steps to implement the plan.

• (4) The regulator must—

• (a) keep the plan under review,

• (b) when appropriate, revise or replace the plan, and

• (c) publish the plan and any revised or replacement plan.

203A

• (1) After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—

• (a) a written summary of the inspector’s findings, and

• (b) a written report about any matters specified by the regulator.

• (2) The summary and any report must be in the form specified by the regulator.

• (3) The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.

• (4) The regulator must give the registered provider a copy of the summary of the inspector’s findings.

• (5) The regulator must also give the registered provider—

• (a) a copy of the inspector’s report, or

• (b) a notice confirming that no matters were specified for the purposes of subsection (1)(b).

• (6) The regulator may publish—

• (a) all or part of the summary of the inspector’s findings,

• (b) (where relevant) all or part of the inspector’s report, and

• (c) related information.

Performance improvement plans

218A

• (1) The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—

• (a) the registered provider has failed to meet a standard under section 193, 194, 194A or 194C,

• (b) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194, 194A or 194C,

• (c) the registered provider has failed to comply with directions or a request under section 198C,

• (d) the interests of the tenants of social housing of the registered provider require protection, or

• (e) the registered provider has given an undertaking under section 125 and failed to comply with it.

• (2) A performance improvement plan notice must—

• (a) specify on which of the grounds mentioned in subsection (1) it is given,

• (b) identify the issues which led the regulator to be satisfied of those grounds,

• (c) require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,

• (d) specify the date by which the performance improvement plan must be submitted to the regulator,

• (e) require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and

• (f) explain the effect of subsections (3) and (4) and sections 218B to 218D.

• (3) The regulator may withdraw a performance improvement plan notice by notice to the registered provider.

• (4) If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.

218B

• (1) The regulator must—

• (a) approve a performance improvement plan submitted in accordance with section 218A(2)(c) and (d), or

• (b) reject it, giving reasons for doing so.

• (2) A registered provider must implement in full a performance improvement plan that has been approved by the regulator.

• (3) If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice.

• (4) If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.

218C

• (1) The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved.

• (2) Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given).

• (3) If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date.

But this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date.

• (4) The duties are—

• (a) the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));

• (b) the duty in section 218B(2) (duty to implement a plan);

• (c) the duty in section 218B(4) (duty to provide copy of plan).

218D

• (1) A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.

• (2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice.

• (3) The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.

• (4) The “appeal period” means—

• (a) where an appeal is brought, the period beginning with the day on which the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

• (b) otherwise, the period during which an appeal could be brought.

• (5) But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—

• (a) the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));

• (b) the duty in section 218B(2) (duty to implement a plan);

• (c) the duty in section 218B(4) (duty to provide copy of plan).

Emergency remedial action

225A

This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.

225B

• (1) If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises.

• (2) Condition 1 is that a survey of the condition of the premises has been carried out under section 199.

• (3) Condition 2 is that the regulator is satisfied that—

• (a) the registered provider has failed to maintain the premises in accordance with standards under section 193, and

• (b) that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises.

• (4) Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a).

• (5) In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b).

• (6) In this section and in sections 225C to 225G, “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.

• (7) Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.

225C

• (1) An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.

• (2) The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—

• (a) if the premises are occupied, the occupier (or any one of the occupiers),

• (b) if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,

• (c) the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and