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Part 2E+WRegulation of Social Housing

Annotations:

Modifications etc. (not altering text)

Chapter 2E+WThe Social Housing Regulator

InformationE+W

107CollectionE+W

(1)The regulator may for a purpose connected with its functions require a person to provide documents or information which it has reason to believe is or may be in the person's possession and which relates to—

(a)the financial or other affairs of a registered provider;

[F1(b)activities which are or may be carried out by—

(i)a person who is, or who has applied to become, a registered provider, or

(ii)a local authority in England which the regulator thinks may be, or may become, a provider of social housing.]

(2)A requirement may be imposed on a person other than the body to which the document or information relates only if—

(a)the body has been required to provide the document or information but has failed to do so, or

(b)the regulator thinks that the body is unable to provide it.

(3)A requirement may specify—

(a)the form and manner in which a document or information is to be provided (which may include the provision of a legible copy of information stored electronically);

(b)when and where it is to be provided.

(4)The regulator may copy or record documents or information provided.

(5)Failure to comply with a requirement without reasonable excuse is an offence.

(6)Intentionally altering, suppressing or destroying a document or information to which a requirement relates is an offence.

(7)If a person fails to comply with a requirement the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.

Annotations:

Amendments (Textual)

Commencement Information

I1S. 107 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

108Section 107: supplementalE+W

(1)A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(2)A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a)the registered provider to whose affairs or activities the documents or information relates,

(b)a subsidiary of the registered provider, or

(c)an associate of the registered provider.

(3)A person guilty of an offence under section 107(5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)A person guilty of an offence under section 107(6) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to—

(i)imprisonment for a term not exceeding two years,

(ii)a fine, or

(iii)both.

(5)Proceedings for an offence under section 107(5) or (6) may be brought only by or with the consent of—

(a)the regulator, or

(b)the Director of Public Prosecutions.

(6)An order under section 107(7) may include provision about costs.

Annotations:

Commencement Information

I2S. 108 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

109DisclosureE+W

(1)A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.

(2)The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—

(a)for a purpose connected with the regulator's functions, or

(b)for a purpose connected with the authority's functions.

(3)The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.

(4)A disclosure may be subject to restrictions on further disclosure.

(5)The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

(6)Disclosure in contravention of a restriction under subsection (4) is an offence.

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

(8)Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).

Annotations:

Commencement Information

I3S. 109 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)