Legalize / United Kingdom / Public General Act

Housing and Regeneration Act 2008

Type Public General Act

Publication 2008-07-22

Last updated 2025-09-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) A private registered provider may apply to the High Court where the registered provider thinks that action taken by a manager is not in accordance with the agreed proposals.

(2) A creditor of a private registered provider may apply to the High Court where the creditor thinks that action taken by a manager is not in accordance with the agreed proposals.

(3) The High Court may—

(a) confirm, annul or modify an act of the manager;

(b) give the manager directions;

(4) If a person bound by agreed proposals (P1) thinks that action by another person (P2) breaches section 154, P1 may apply to the High Court.

(5) The High Court may—

(a) confirm, annul or modify the action;

(b) grant relief by way of injunction, damages or otherwise.

Restructuring and dissolution

Company: arrangements and reconstructions

160

(1) This section applies to a ... registered provider which is a registered company or a limited liability partnership.

(2) The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986.

(3) The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement).

(4) An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.

(5) The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).

(6) The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.

(7) The registered provider must notify the regulator of any order under section 901F of the Companies Act 2006 (court sanction for compromise or arrangement).

(8) An order under section 901F of the Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.

(9) The registered provider must notify the regulator of any order under section 901J of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).

(10) The requirement in section 901J(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.

Company: conversion into industrial and provident society

161

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

(2) The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society.

(3) The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Company: winding up

162

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Industrial and provident society: restructuring

163

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

(2) The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4).

(3) The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

(4) The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions—

(a) section 109 (amalgamation of societies);

(b) section 110 (transfer of engagements between societies);

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial and provident society: winding up

164

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Industrial and provident society: dissolution

165

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

(a) a registered society, and

(b) to be dissolved by instrument of dissolution in accordance with section 119 of the Co-operative and Community Benefit Societies Act 2014.

(2) The registered provider must notify the regulator.

(3) The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

Winding up petition by regulator

166

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Transfer of property

167

(1) This section applies—

(a) where a non-profit registered provider which is a registered society is dissolved in accordance with section 119 or 123 of the Co-operative and Community Benefit Societies Act 2014, and

(b) where a non-profit registered provider which is a registered company is wound up under the Insolvency Act 1986.

(2) Any surplus property that is available after satisfying the registered provider's liabilities shall be transferred—

(a) to the regulator, or

(b) if the regulator directs, to a specified non-profit registered provider.

(3) If land belonging to the registered provider needs to be sold to satisfy its liabilities, the regulator may discharge those liabilities so as to ensure that the land is instead transferred in accordance with subsection (2).

(4) Where the registered provider dissolved or wound up is a charity, a registered provider may be specified under subsection (2)(b) only if it is a charity whose objects the regulator thinks are similar to those of the original charity.

(5) This section has effect despite anything in—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Insolvency Act 1986,

(ca) the Co-operative and Community Benefit Societies Act 2014, or

(d) the constitution of a registered provider.

Section 167: supplemental

168

(1) This section applies to property transferred to the regulator in accordance with section 167(2)(a).

(2) The regulator may dispose of the property only to a non-profit registered provider.

(3) Where the registered provider wound up or dissolved was a charity, the regulator may dispose of the property only to a registered provider—

(a) which is a charity, and

(b) whose objects the regulator thinks are similar to those of the original charity.

(4) If the property includes land subject to a mortgage or charge, the regulator may dispose of the land—

(a) subject to that mortgage or charge, or

(b) subject to a new mortgage or charge in favour of the regulator.

Extension of sections 167 and 168

169

The Secretary of State may by regulations provide for sections 167 and 168 to apply in relation to a registered provider which is a charity but not a registered company—

(a) in specified circumstances, and

(b) with specified modifications.

Chapter 5 — Disposal of propertyby private registered providers

Introductory

Overview

170

This Chapter makes provision about the disposal of property by private registered providers.

Power to dispose

171

(1) A private registered provider may dispose of land.

(2) But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider or to a local authority which is a registered provider.

(3) Subsection (1) is subject to the following provisions of this Chapter ....

Notification of regulator

172

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Exceptions

173

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Procedure

174

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175

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176

(1) If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.

(2) If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.

(3) Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.

(4) The regulator may give directions about—

(a) the period within which notifications under subsection (1) or (2) must be given;

(b) the content of those notifications.

(5) The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).

(6) A direction under this section may be—

(a) general, or

(b) specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(7) A direction dispensing with a notification requirement—

(a) may be expressed by reference to a policy for disposals submitted by a registered provider;

(b) may include conditions.

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

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Separate accounting

177

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Use of proceeds

178

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Application of Housing Act 1996

179

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Right to acquire

180

(1) The tenant of a dwelling in England has a right to acquire the dwelling if—

(a) the landlord is a private registered provider or a registered social landlord,

(b) the tenancy is within subsection (2),

(d) the dwelling has remained in the social rented sector ever since that provision, and

(e) the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).

(2) A tenancy is within this subsection if it is—

(a) an assured tenancy, other than ... a long tenancy, or

(b) a secure tenancy.

(2A) The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).

(3) The reference in subsection (1)(a) to a private registered provider includes—

(a) a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;

(b) a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).

Interpretation: “publicly funded”

181

(1) The provision of a dwelling was publicly funded if any of the following conditions is satisfied.

(2) Condition 1 is that—

(a) the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and

(b) before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.

(2A) Condition 2 is that—

(a) the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b) before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.

(3) Condition 3 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

(a) a private registered provider, or

(b) a registered social landlord.

(3A) In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.

(4) Condition 4 is that —

(a) the dwelling was acquired by a private registered provider, or a registered social landlord, on a disposal by a public sector landlord,

(b) the disposal was made on or after 1st April 1997, and

(5) Condition 4 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

(6) Condition 5 is that—

(a) the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and

(b) when the grant was made the recipient was notified by the Welsh Ministers that the dwelling was to be regarded as funded by means of such a grant.

182

(1) This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.

(2) A dwelling shall be treated as having remained in the social rented sector for any period during which—

(a) the freeholder was a person within subsection (3), and

(b) each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.

(3) A person is within this subsection if the person is—

(a) a private registered provider,

(b) a registered social landlord, or

(4) A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—

(a) the recipient of the grant, or

(b) any person treated as the recipient by virtue of section 27B of that Act.

(5) “Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.

(6) Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.

Interpretation: other expressions

183

(1) The definitions in this section apply to sections 180 to 182.

(2) The HCA gives “assistance” to a person if it—

(a) transfers housing or other land to the person,

(b) provides infrastructure to the person, or

and for this purpose “infrastructure” has the same meaning as in Part 1.

(3) References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.

(4) “Leaseholder” does not include a mortgagee.

(5) “Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).

(6) A person provides a dwelling if the person—

(a) acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or

(b) ensures such acquisition, construction, conversion, improvement or repair by another.

(7) “Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.

Right to acquire: supplemental

184

(1) The Secretary of State may by order—

(a) specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and

(b) designate rural areas in relation to dwellings in which the right conferred by that section does not arise.

(2) The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180—

(a) subject to any order under subsection (1) above, and

(b) subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.

(3) The regulations may provide—

(a) that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,

(b) that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,

(d) that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and

(e) that the provisions of that Part relating to the preserved right to buy do not apply.

Nothing in this subsection affects the generality of the power conferred by subsection (2).

(4) The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply.

(5) Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—

(a) the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and

(b) such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate.

(6) Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations.

Right to acquire: consequential amendments

185

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Miscellaneous

Former registered providers

186

Where a person ceases to be a private registered provider, sections 171 and 176 (apart from section 176(2)) continue to apply in respect of any property owned by the person at any time when it was registered.

Change of use, etc.

187

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Trustees

188

Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a private registered provider.

Charities

189

Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.

Consents under other legislation

190

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Section 190: consequential amendments

191

(1) In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—

(a) in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and

(b) after that subsection insert—

(2A) “The appropriate authority” means— (a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing, (b) in relation to any other disposal of land in England, the Secretary of State, and (c) in relation to a disposal of land in Wales, the Welsh Ministers.

(2) In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—

(a) in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b) after that subsection insert—

(3A) In this section “the appropriate authority” means— (a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing, (b) in relation to any other disposal of land in England, the Secretary of State, and (c) in relation to a disposal of land in Wales, the Welsh Ministers.

(d) in subsection (5)(a) for “himself” substitute “ itself ”, and

(e) omit subsection (6) (consultation of Housing Corporation).

(3) In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—

(a) in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b) after that subsection insert—

(1ZA) In this section “the appropriate authority” means— (a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing, (b) in relation to any other disposal of land in England, the Secretary of State, and (c) in relation to a disposal of land in Wales, the Welsh Ministers.

(1B) This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

(d) in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,

(e) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(f) in subsection (5)(a) for “himself” substitute “ itself ”, and

(g) omit subsection (6) (consultation of Housing Corporation).

(4) In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—

(a) in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b) after subsection (1) insert—

(1A) In this section “the appropriate authority” means— (a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing, (b) in relation to any other disposal of land in England, the Secretary of State, and (c) in relation to a disposal of land in Wales, the Welsh Ministers.

(d) in subsection (5)(a) for “himself” substitute “ itself ”, and

(e) omit subsection (6) (consultation of Housing Corporation).

Chapter 6 — Regulatory powers

Overview

192

This Chapter—

(a) allows the regulator to set standards for the provision of social housing (sections 193 to 198),

(b) gives the regulator powers to monitor compliance (sections 199 to to 210A),

(d) requires the regulator to give guidance ... about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), ...

(e) allows the regulator to arrange for the accreditation of managers of social housing (section 217) , and

(f) makes provision about terms to be implied into management services agreements (section 217A).

Standards

193

(1) The regulator may set standards for registered providers as to the nature, extent , safety, energy efficiency and quality of accommodation, facilities or services provided by them in connection with social housing.

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

(a) criteria for allocating accommodation,

(b) terms of tenancies,

(d) maintenance,

(e) procedures for addressing complaints by tenants against landlords,

(f) methods for consulting tenants and providing them with information in connection with such consultation,

(g) methods of enabling tenants to influence or control the management of their accommodation and environment,

(ga) methods of assisting tenants to exchange tenancies,

(h) policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,

(ha) policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

(i) landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and

(j) estate management.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Management

194

(1) The regulator may set standards for private registered providers in matters relating to ... their financial and other affairs.

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

(a) the management of their financial and other affairs, and

(b) their efficiency in carrying on their financial and other affairs.

(2) In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.

(2A) The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice

195

(1) The regulator may issue a code of practice which—

(a) relates to a matter addressed by a standard ..., and

(b) amplifies the standard.

(2) In considering whether standards ... have been met the regulator may have regard to a code of practice.

(3) The regulator may revise or withdraw a code of practice.

(4) The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.

Consultation

196

(1) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—

(b) one or more bodies appearing to it to represent the interests of registered providers,

one or more bodies appearing to it to represent the interests of secured creditors of registered providers,

(ba) any body for the time being nominated under section 278A,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) one or more bodies appearing to it to represent the interests of local housing authorities,

(ea) the Greater London Authority,

(eb) any housing ombudsman,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and

(g) the Secretary of State.

(1A) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.

(2) Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.

(3) Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.

(4) The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B (2)).

(5) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).

Direction by Secretary of State

197

(1) The Secretary of State may direct the regulator—

(a) to set a standard under section 193 or 194,

(b) about the content of standards under section 193 or 194, or

(2) The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—

(a) quality , safety or energy efficiency of accommodation,

(aa) tenure,

(b) rent, ...

(d) methods of assisting tenants to exchange tenancies.

(2A) The Secretary of State may direct the regulator—

(a) to set a standard under section 194A,

(b) to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C (2)(a),

(d) to have regard to specified objectives when setting those standards.

(3) In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.

(4) Before giving a direction the Secretary of State must consult—

(za) the HCA,

(a) the regulator,

(aa) the Greater London Authority,

(ab) any housing ombudsman,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,

(da) any body for the time being nominated under section 278A,

(e) one or moreother bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and

(f) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.

(5) Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.

(5A) Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B (2)).

(6) A direction may disapply the requirement to consult under section 196 in relation to specified matters.

(7) The regulator shall comply with any direction.

(8) The Secretary of State shall publish—

(a) each proposed direction that is the subject of a consultation,

(b) each response to a consultation, and

Supplemental

198

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The regulator shall make arrangements for bringing standards to the attention of registered providers.

(3) The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.

(4) Standards may be expressed by reference to documents prepared by others.

(5) Standards—

(a) may make provision generally or only in relation to specified cases, circumstances or areas, and

(b) may make different provision for different cases, circumstances or areas.

(6) In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

Monitoring

Survey

199

(1) This section applies where the regulator suspects that a registered provider may be failing to maintain premises in accordance with standards under section 193.

(2) The regulator may arrange for a survey of the condition of the premises by an authorised person.

(3) In this section and in sections 199A to 200, “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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) After carrying out a survey an authorised person must produce a written report.

(8) The regulator must give the registered provider a copy of the report.

(9) Arrangements for a person other than a member of the regulator’s staff to carry out a survey may include provision about payments.

Survey: supplemental

200

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The regulator may require the registered provider to pay some or all of the costs of the survey and report.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—

(a) in exercising a power under section 199A, or

(b) in exercising a power under section 199, where the authorised person has entered the premises to carry out the survey under the power in section 199A.

(4A) A person commits an offence if the person obstructs an authorised person—

(a) in exercising a power conferred by a warrant under section 199B, or

(b) in exercising a power under section 199, where the authorised person has entered the premises to carry out a survey under a warrant under section 199B.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Proceedings for an offence under this section may be brought only by or with the consent of—

(a) the regulator, or

(b) the Director of Public Prosecutions.

Inspections

201

(1) The regulator may arrange for a person to inspect—

(a) a registered provider's performance of its functions in relation to the provision of social housing, or

(b) the financial or other affairs of a registered provider.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The regulator may direct a person carrying out an inspection to discontinue it.

(5) An inspection may be general or specific.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.

(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspections: supplemental

202

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspector’s powers

203

(1) An inspector may by notice require a person to provide specified documents or information.

(2) The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.

(3) Sections 107(2A) to (4) and (5) to (7) and 108 apply for the purposes of subsection (1) (with any necessary modifications).

(4) An inspector may at any reasonable time—

(a) enter premises occupied by the registered provider which is being inspected, and

(b) inspect, copy or take away documents found there.

(5) The reference to documents found on premises includes—

(a) documents stored on computers or electronic storage devices on the premises, and

(b) documents stored elsewhere which can be accessed by computers on the premises.

(6) The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored.

(7) An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.

(8) For the purposes of subsections (5) and (6) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests.

(9) It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by subsections (4) to (8).

(10) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) Proceedings for an offence may be brought only by or with the consent of—

(a) the regulator, or

(b) the Director of Public Prosecutions.

(12) In this section “ inspector ” means a person authorised in writing by the regulator to exercise the powers under this section and section 203A for the purposes of an inspection under section 201.

Performance information

204

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of performance information

205

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inquiry

206

(1) The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—

(a) the affairs of the registered provider may have been mismanaged,

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

(c) 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 or 194C.

(2) The regulator shall appoint one or more individuals to conduct the inquiry.

(3) An individual is eligible for appointment only if the individual is independent of the regulator.

(4) Individuals are independent of the regulator if they and the members of their family—

(a) are not members or employees of the regulator, and

(b) have not been members or employees of the regulator within the previous five years.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inquiry: supplemental

207

(1) The individual or individuals conducting an inquiry (“the inquirer”) shall determine its procedure.

(2) The inquirer may consider the affairs of the following categories of registered provider only so far as relating to social housing—

(a) profit-making organisations;

(b) local authorities.

(3) The inquirer may consider affairs of a body which at the material time was a subsidiary or associate of the registered provider.

(4) The inquirer may make interim reports.

(5) The inquirer shall make a final report on matters specified by the regulator.

(6) The regulator may arrange for the publication of all or part of an interim or final report.

(7) A local authority may contribute to the regulator's expenses in connection with an inquiry.

Inquiry: evidence

208

(1) The inquirer may by notice require a person to provide specified documents or information.

(2) The notice may, in particular, require evidence to be given on oath (and the inquirer may administer oaths for that purpose).

(3) The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.

(4) Sections 107(2A) to (4) and (5) to (7) and 108 apply for the purposes of this section (with any necessary modifications).

Inquiry: charities

209

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An inquiry in relation to a registered charity may only relate to its activities relating to housing.

(3) If an inquiry is held in relation to a registered charity the regulator shall notify the Charity Commission.

Extraordinary audit

210

(1) Where an inquiry in respect of a private registered provider is being held, or has been held, under section 206, the regulator may require the registered provider to allow its accounts and balance sheet to be audited by a qualified auditor appointed by the regulator.

(2) “Qualified auditor” means a person eligible for appointment as auditor of the registered provider's ordinary accounts.

(3) On completion of the audit, the auditor shall report to the regulator about such matters and in such form as the regulator determines.

(4) The revenue accounts of a registered charity may be audited under this section only insofar as they relate to its housing activities.

(5) The registered provider shall pay the costs of the audit (including the auditor's remuneration).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-profit providers only

211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial and provident society: change of rules

212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charity: change of objects

213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies: change of articles

214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

Use of intervention powers

215

(1) The regulator shall publish—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) guidance about how it uses and intends to use powers under this Chapter and Chapter 7.

(1A) In determining whether the regulator has complied with subsection (1) in relation to its power to arrange for inspections under section 201(1), a plan published under section 201A may be taken into account.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The regulator shall have regard to guidance under this section.

Consultation

216

Before giving guidance under section 215 the regulator must consult—

(za) the Secretary of State,

(a) one or more bodies appearing to it to represent the interests of registered providers,

(aa) any body for the time being nominated under section 278A,

(b) one or moreother bodies appearing to it to represent the interests of tenants of social housing,

(ba) the Greater London Authority,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the HCA.

Accreditation

217

(1) The regulator may operate a scheme for the purpose of accrediting persons who provide services in connection with the management of social housing.

(2) The regulator may approve a scheme operated by someone else for that purpose.

(3) Approval may be withdrawn.

(4) A scheme may include provision about—

(a) eligibility for accreditation;

(b) standards to be met by accredited persons (which may operate by reference to standards under section 193 or 194A);

(d) complaints against accredited persons;

(e) renewal, suspension and withdrawal of accreditation.

(5) Accreditation, or continued accreditation, may be conditional on the payment of fees.

(6) Standards under section 193 or 194A may refer to accreditation under this section.

Chapter 7 — Enforcement powers

General

Exercise of enforcement powers

218

(1) This section applies where the regulator is deciding—

(a) whether to exercise a power under this Chapter,

(b) which power under this Chapter to exercise, or

(2) The regulator shall consider—

(a) the desirability of registered providers being free to choose how to provide services and conduct business;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the speed with which the failure or other problem needs to be addressed;

(e) whether the failure or other problem is serious or trivial.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement notice

Overview

219

This group of sections allows the regulator to require a registered provider to take specified action to resolve a specified failure or other problem.

Grounds for giving notice

220

(1) The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—

(a) any of the following cases applies, and

(b) giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).

(2) Case 1 is where the registered provider has failed to meet a standard ... under section 193, 194 or 194C.

(3) Case 2 is where the affairs of the registered provider have been mismanaged.

(4) Case 3 is where the registered provider has failed to comply with an earlier enforcement notice.

(5) Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).

(6) Case 5 is where the interests of tenants of the registered provider require protection.

(7) Case 6 is where the registered provider is a private registered provider and its assets require protection.

(8) Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.

(9) Case 8 is where the registered provider has failed to pay an annual fee under section 117(1)(b).

(10) Case 9 is where an offence under this Part has been committed by the registered provider.

(11) Case 10 is where the registered provider has failed to comply with an order made by a housing ombudsman.

(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11B) Case 12 is where—

(a) the registered provider—

(i) does not have a health and safety lead designated under section 126A, or

(ii) has failed to meet a requirement under section 126C, or

(b) the functions of the health and safety lead are not being carried out.

(11C) Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.

(11D) Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.

(11E) Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.

(12) Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—

(a) Case 9 applies,

(b) the regulator may give an enforcement notice to the other person, and

(c) this Chapter applies with the substitution of references to that other person for references to the registered provider.

Content

221

(1) An enforcement notice must—

(a) specify the grounds on which it is given,

(b) specify the action the regulator wants the registered provider to take in response to the notice,

(d) explain the effect of sections 223 to 225.

(2) The action specified in an enforcement notice may include publishing the notice in a specified manner.

Notifying HCA

222

If the regulator gives an enforcement notice it must send a copy—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(za) to the HCA,

(aa) in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and

(b) in the case of an enforcement notice given to a local authority, to the Secretary of State.

Appeal

223

(1) A registered provider who is given an enforcement notice may appeal to the High Court.

(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 enforcement notice.

Withdrawal

224

The regulator may withdraw an enforcement notice by notice to the registered provider.

Sanction

225

(1) If a registered provider does not comply with an enforcement notice the regulator shall consider exercising another power under Chapter 6 or this Chapter.

(2) In the case of an enforcement notice given to a person other than the registered provider by virtue of section 220(12), the regulator may only—

(a) exercise the power to issue a penalty notice to the person in accordance with sections 226 to 235, or

(b) take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.

(3) A person to whom an enforcement notice is given on the ground in Case 9 of section 220 may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.

Penalty

Overview

226

This group of sections allows the regulator to penalise failures on the part of ... registered providers by the imposition of fines.

Grounds for imposition

227

(1) The regulator may require a ... registered provider to pay a penalty if the regulator is satisfied that—

(a) any of the following cases applies, and

(b) the imposition of a penalty is appropriate (whether or not as part of a response including other action).

(2) Case 1 is where the registered provider has failed to meet a standard under section 193, 194 or 194C.

(3) Case 2 is where the affairs of the registered provider have been mismanaged.

(4) Case 3 is where the registered provider has failed to comply with an enforcement notice.

(5) Case 4 is where the registered provider has given an undertaking under section 125 and failed to comply with it.

(6) Case 5 is where the registered provider has failed to pay an annual fee under section 117(1)(b).

(7) Case 6 is where an offence under this Part has been committed by the registered provider.

(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7B) Case 8 is where—

(a) the registered provider—

(i) does not have a health and safety lead designated under section 126A, or

(ii) has failed to meet a requirement under section 126C, or

(b) the functions of the health and safety lead are not being carried out.

(7C) Case 9 is where the registered provider has failed to comply with directions or a request under section 198C.

(7D) Case 10 is where the registered provider has failed to comply with a performance improvement plan notice.

(7E) Case 11 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).

(8) Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—

(a) Case 6 applies,

(b) the regulator may require the other person to pay a penalty, and

(c) this Chapter applies with the substitution of references to that other person for references to the registered provider.

(9) In order to rely on Case 6 the regulator must be satisfied beyond reasonable doubt that it applies.

Imposition

228

(1) A penalty is imposed by the regulator giving notice (a “penalty notice”) to the registered provider.

(2) The notice must specify—

(a) the grounds on which the penalty is imposed,

(b) the amount of the penalty,

(d) a period within which it must be paid, and

(e) any interest or additional penalty which, by virtue of section 234(2), is payable in the event of late payment.

(3) The notice may require the registered provider to publish information about the penalty in a specified manner.

(4) The notice must explain the effect of sections 234(1), (3) and (6) and 235.

(5) The Secretary of State—

(a) shall make regulations about the period under subsection (2)(d),

(b) may make other regulations about the form and content of a penalty notice, and

Amount

229

(1) The amount of a penalty imposed on the ground specified in Case 6 of section 227 may not exceed the maximum amount (if any) of fine that a magistrates' court could impose for the relevant offence.

(2) The amount of a penalty that may be imposed on the ground specified in any other Case of that section is unlimited.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warning

230

(1) Before giving a penalty notice to a registered provider the regulator must give the provider a notice (a “pre-penalty warning”)—

(a) specifying grounds on which the regulator thinks a penalty could be imposed,

(b) warning the provider that the regulator is considering imposing a penalty,

(d) explaining the effect of sections 231, 234(1), (3) and (6) and 235.

(2) If the regulator gives a pre-penalty warning it must send a copy to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(za) the HCA,

(aa) the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and

(b) any other persons it thinks appropriate.

(3) For the purposes of subsection (2)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-penalty warning is given.

(4) A pre-penalty warning must—

(a) refer to section 125 (voluntary undertaking), and

(b) indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, a penalty.

(5) A pre-penalty warning may be combined with notice under one or more of sections 242, 248, 250 and 252.

Representations

231

(1) A pre-penalty warning must specify a period during which the registered provider may make representations to the regulator.

(2) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered provider receives the pre-penalty warning.

(3) Representations may concern—

(a) whether a penalty should be imposed;

(b) the amount of any penalty that may be imposed.

(4) After the end of the period specified under subsection (1) the regulator shall—

(a) consider any representations made, and

(b) decide whether to impose a penalty.

Notifying HCA

232

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Destination

233

(1) This section applies where the regulator receives money by way of penalty.

(2) The regulator may deduct a sum which represents—

(a) the direct costs to the regulator of imposing and enforcing the penalty, and

(b) a reasonable share of expenditure by the regulator which is indirectly referable to the imposition and enforcement of the penalty.

(3) Any excess shall be paid to the HCA, to be used for purposes which appear to it to amount to investment in social housing.

Enforcement

234

(1) A penalty shall be treated as a debt owed to the regulator.

(2) The Treasury may make regulations authorising the regulator—

(a) to charge interest on penalty not paid during the period specified under section 228(2)(d);

(b) to impose one or more additional penalties where a penalty is not paid during that period.

(3) Interest and additional penalty shall be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 229).

(4) Regulations under subsection (2)(a) may provide for an interest rate to be—

(a) set by a specified person, or

(b) determined in accordance with the regulations.

(5) A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 228(2)(d)).

(6) A person to whom a penalty notice is given on the ground in Case 6 of section 227 may not be prosecuted for the offence by reference to which the penalty notice was given.

Appeal

235

(1) A registered provider who is given a penalty notice may appeal to the High Court against—

(a) the imposition of the penalty,

(b) its amount, or

(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 penalty notice.

(3) The requirement to pay the penalty is suspended during the appeal period.

(4) Regulations under section 234(2) may not authorise the regulator to—

(a) charge interest in respect of the appeal period, or

(b) impose additional penalties during that period.

(5) The “appeal period” means—

(a) where an appeal is brought, the period beginning with the day on which the penalty 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.

Compensation

Overview

236

This group of sections allows the regulator to award compensation to a victim of a failure on the part of a private registered provider.

Grounds for award

237

(1) The regulator may require a private registered provider to pay compensation if the regulator is satisfied that—

(a) any of the following cases applies, and

(b) the award of compensation is appropriate (whether or not as part of a response including other action).

(2) Case 1 is where the registered provider has failed to meet a standard under section 193, 194 or 194C.

(3) Case 2 is where the registered provider has given an undertaking under section 125 and failed to comply with it.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Case 4 is where the registered provider has failed to comply with a performance improvement plan notice.

(6) Case 5 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).

Nature

238

(1) Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.

(2) But an award may be made only to—

(a) a specified tenant of social housing provided by the registered provider,

(b) each member of a specified class of tenants of social housing provided by the registered provider, or

Housing ombudsman compensation

239

(1) The regulator may not award compensation to a person in respect of a matter if a housing ombudsman has awarded compensation to the person in respect of the matter.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Award

240

(1) Compensation is awarded by the regulator giving notice (a “compensation notice”) to—

(a) the registered provider, and

(b) the person to be compensated.

(2) The notice must specify—

(a) the grounds on which the compensation is awarded,

(b) the amount of the compensation,

(d) any interest or additional compensation which, by virtue of section 244(2), is payable in the event of late payment, and

(e) a period within which it must be paid.

(3) The notice may require the registered provider to publish information about the compensation award in a specified manner.

(4) The notice must explain the effect of sections 244(1) and (3) and 245.

(5) The Secretary of State—

(a) shall make regulations about the period under subsection (2)(e),

(b) may make other regulations about the form and content of a compensation notice, and

Impact

241

(1) This section applies when the regulator is considering—

(a) whether to award compensation, or

(b) the amount of compensation to award.

(2) The regulator must take account of any information available to it about the financial situation of the registered provider.

(3) The regulator must consider the likely impact of the compensation on the registered provider's ability to provide services.

(4) In particular, the regulator must aim to avoid—

(a) jeopardising the financial viability of the registered provider,

(b) preventing the registered provider from honouring financial commitments, or

(c) preventing the registered provider from taking action to remedy the matters on the grounds of which the compensation might be awarded.

Warning

242

(1) Before giving a compensation notice to a private registered provider the regulator must give the provider a notice (a “pre-compensation warning”)—

(a) specifying grounds on which the regulator thinks compensation could be awarded,

(b) warning the provider that the regulator is considering awarding compensation to a specified person,

(d) explaining the effect of sections 243, 244(1) and (3) and 245.

(2) Before giving a pre-compensation warning the regulator must consult the housing ombudsman for the scheme of which the registered provider is a member.

(3) If the regulator gives a pre-compensation warning it must send a copy to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(za) the HCA,

(aa) the Greater London Authority (if the pre-compensation warning is given to a registered provider who owns land in Greater London), and

(b) any other persons it thinks appropriate.

(4) For the purposes of subsection (3)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-compensation warning is given.

(5) A pre-compensation warning must—

(a) refer to section 125 (voluntary undertaking), and

(b) indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation.

(6) A pre-compensation warning may be combined with notice under one or more of sections 230, 248, 250 and 252.

Representations

243

(1) A pre-compensation warning must specify a period during which the registered provider may make representations to the regulator.

(2) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered provider receives the pre-compensation warning.

(3) Representations may address—

(a) whether compensation should be awarded;

(b) the amount of any compensation that may be awarded.

(4) After the end of the period specified under subsection (1) the regulator shall—

(a) consider any representations made, and

(b) decide whether to award compensation.

Enforcement

244

(1) Compensation shall be treated as a debt owed to the person to whom it is awarded.

(2) The Treasury may make regulations authorising the regulator—

(a) to award interest on compensation not paid during the period specified under section 240(2)(e);

(b) to award additional compensation where compensation is not paid during that period.

(3) Interest and additional compensation shall be treated as compensation.

(4) Regulations under subsection (2)(a) may provide for an interest rate to be—

(a) set by a specified person, or

(b) determined in accordance with the regulations.

Appeal

245

(1) A private registered provider who is given a compensation notice may appeal to the High Court against—

(a) the award of compensation,

(b) its amount, or

(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 compensation notice.

(3) The requirement to pay the compensation is suspended during the appeal period.

(4) Regulations under section 244(2) may not authorise the regulator to—

(a) award interest in respect of the appeal period, or

(b) award additional compensation during that period.

(5) The “appeal period” means—

(a) where an appeal is brought, the period beginning with the day on which the compensation 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.

Management etc.

Overview

246

This group of sections gives the regulator various powers in relation to the management and constitution of registered providers.

Management tender

247

(1) This section applies if the regulator is satisfied that—

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

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) a registered provider—

(i) does not have a health and safety lead designated under section 126A, or

(ii) has failed to meet a requirement under section 126C(1),

(ac) the functions of the health and safety lead are not being carried out,

(b) the affairs of a registered provider have been mismanaged in relation to social housing , or

(2) The regulator may by notice require the registered provider to implement a process specified by the regulator for the purpose of—

(a) inviting persons to apply to undertake management functions of the registered provider, and

(b) selecting from the applications and making an appointment.

(3) A requirement may relate to—

(a) the registered provider's affairs generally in so far as they relate to social housing, or

(b) specified affairs relating to social housing.

(4) A requirement must include—

(a) provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b) provision for ensuring best procurement practice (and consistent with any applicable procurement law), and

(i) setting, monitoring and enforcing performance standards, and

(ii) resources).

Section 247: supplemental

248

(1) Before acting under section 247(2) the regulator must give the registered provider a notice—

(a) specifying grounds on which action might be taken under that section,

(b) warning the provider that the regulator is considering action under that section, and

(2) The notice must specify a period during which the registered provider may make representations to the regulator.

(3) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered provider receives the notice.

(4) The regulator must send a copy of a notice under subsection (1) to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(za) the HCA,

(aa) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),

(b) the Secretary of State (if the notice is given to a local authority), and

(5) A notice under subsection (1) must—

(a) refer to section 125 (voluntary undertaking), and

(b) indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 247(2).

(6) Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.

(7) In imposing a requirement the regulator must have regard to views of—

(a) relevant tenants,

(b) the registered provider,

(ba) the HCA,

(ca) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),

(d) the Secretary of State (if the registered provider is a local authority), and

(e) if the regulator thinks it appropriate, any relevant local housing authority.

(8) If the regulator imposes a requirement it must send a copy—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(za) the HCA,

(aa) in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and

(b) in the case of a requirement imposed on a local authority, to the Secretary of State.

(9) A registered provider may appeal to the High Court against a requirement under section 247(2).

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Housing and Regeneration Act 2008

Restructuring and dissolution

Company: arrangements and reconstructions

160

Company: conversion into industrial and provident society

161

Company: winding up

162

Industrial and provident society: restructuring

163

Industrial and provident society: winding up

164

Industrial and provident society: dissolution

165

Winding up petition by regulator

166

Transfer of property

167

Section 167: supplemental

168

Extension of sections 167 and 168

169

Chapter 5 — Disposal of propertyby private registered providers

Introductory

Overview

170

Power to dispose

171

Notification of regulator

Requirement of consent

172

Exceptions

173

Procedure

174

Disposal without consent

175

Notification where disposal consent not required

176

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Separate accounting

177

Use of proceeds

178

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Housing Act 1996

179

Right to acquire

Right to acquire

180

Interpretation: “publicly funded”

181

Interpretation: “remained in the social rented sector”

182

Interpretation: other expressions

183

Right to acquire: supplemental

184

Right to acquire: consequential amendments

185

Miscellaneous

Former registered providers

186

Change of use, etc.

187

Trustees

188

Charities

189

Consents under other legislation

Consent to disposals under other legislation

190

Section 190: consequential amendments

191

Chapter 6 — Regulatory powers

Overview

192

Standards

Provision of social housing

193