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Housing and Regeneration Act 2008

Section 250 - Section 249: supplemental

729.This section specifies the process by which the power in section 249 is exercised. Following a statutory inquiry, and having decided that it should direct the transfer of management, subsection (1)requires the regulator to serve the registered provider with a notice specifying-

  • which of the grounds set out in section 249(1) applies,

  • that it is considering directing the transfer of the registered provider’s management functions as a consequence, and

  • setting out the effects of this section.

730.Subsections (2) and (3) provide that the notice must specify a period during which the registered provider may make representations to the regulator. The period must be at least 28 days and begin on the date the provider receives the notice.

731.Subsection (4) provides that the regulator must send a copy of that notice to the HCA and to any other person that it thinks appropriate, with particular consideration to any person who has been involved in identifying to the regulator the matters that form the basis for the regulator’s use of this power

732.Subsection (5) provides that the notice must draw to the registered provider’s attention the provisions of section 125 which provide for a registered provider to make a voluntary undertaking to the regulator at any time on any matter, and the notice must also indicate the extent to which the provision of a voluntary undertaking under that provision would be accepted instead of, or in mitigation of, the direction to transfer management which the regulator is considering.

733.Subsection (6) provides that the notice may be combined with notices about the use of other enforcement powers available under Chapter 7.

734.Subsection (7) provides that the regulator should have regard to the views of (a) relevant tenants, (b) the registered provider, (c) the HCA, and (d) if the regulator thinks it appropriate, any relevant local housing authority, in deciding whether to direct a registered provider, following an inquiry, to transfer management to a specified person.

735.Subsection (8) requires the regulator to notify the HCA of any requirement to transfer management functions to a specified person.

736.Subsection (9) gives the registered provider subjected to a requirement under section 249(2) the right of appeal to the High Court.

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