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Housing and Regeneration Act 2008

Section 249 - Management transfer

723.The powers set out in these sections are exercisable following an inquiry as provided for under section 206, or an audit under section 210.

724.Subsections (2)and (3) provide that the regulator may require a registered provider to transfer the management of some or all of its management functions to another specified person. Transfer of management functions may only be imposed with the Secretary of State’s consent (both as to the transfer and the terms).

725.The regulator may use this power where it is satisfied that one of the conditions specified in subsection (1) is met, which are that-

  • the affairs of the registered provider have been mismanaged, in respect of social housing,

  • some or all of a registered provider’s management of its social housing is likely to be improved by the transfer of those management functions.

726.Subsection (4) set out the nature of the requirement that will be specified by the regulator and provides that the regulator may determine the scope of the requirement to transfer management.

727.Subsection (5) provides that the requirement will specify the terms and conditions of the appointment, including the remuneration of the person to whom the management is to be transferred, and that these will be determined in accordance with the scope of the management functions to be transferred.

728.Subsection (6) gives the person to whom the management functions are to be transferred the powers necessary to carry out the activities specified in the requirement. The powers may be specified by the regulator in the requirement. In addition the person to whom management is transferred by the requirement will have any other powers in relation to the registered provider's business that are necessary to give effect to the requirement.

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