Search Legislation

Housing and Regeneration Act 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing and Regeneration Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Chapter 6E+WRegulatory powers

192OverviewE+W

This Chapter—

(a)allows the regulator to set standards for the provision of social housing (sections 193 to [F1198B]),

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

(c)gives the regulator a degree of control over the governance of non-profit registered providers (sections 211 to 214),

(d)requires the regulator to give guidance about [F2the submission of information and opinions] relating to registered providers and about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), and

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Word in s. 192(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 3(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F2Words in s. 192(d) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 3(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I1S. 192 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

StandardsE+W

193[F3Standards relating to consumer matters]E+W

(1)The regulator may set standards for registered providers as to the nature, extent 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,

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)maintenance,

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

(f)methods for consulting and informing tenants,

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

[F5(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,

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 S. 193 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 4(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F5S. 193(2)(ga) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 176(1), 240(2); S.I. 2012/57, art. 4(1)(s) (with arts. 6, 7, 9-11)

Commencement Information

I2S. 193 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

194[F6Standards relating to economic matters]E+W

(1)The regulator may set standards for [F7private registered providers] in matters relating to F8... their financial and other affairs.

[F9(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.

[F10(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)In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 194 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 5(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I3S. 194 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

195Code of practiceE+W

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

(a)relates to a matter addressed by a standard [F11under section 194], and

(b)amplifies the standard.

(2)In considering whether standards [F12under that section] 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11Words in s. 195(1)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 6(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F12Words in s. 195(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 6(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I4S. 195 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

196ConsultationE+W

(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—

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

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

[F13(ba)any body for the time being nominated under section 278A,]

(c)one or more[F14other] bodies appearing to it to represent the interests of tenants of social housing,

(d)the Audit Commission for Local Authorities and the National Health Service in England,

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

[F15(ea)the Greater London Authority,]

F16(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and

(g)the Secretary of State.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F16S. 196(1)(f) (but not the word "and" at the end of that paragraph) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 42, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

Commencement Information

I5S. 196 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

197Direction by Secretary of StateE+W

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

(a)to set a standard under section 193 [F17or 194],

(b)about the content of standards under section 193 [F18or 194], or

(c)to have regard to specified objectives when setting standards under section 193 or 194.

(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 of accommodation,

[F19(aa)tenure,]

(b)rent, F20...

(c)involvement by tenants in the management by registered providers of accommodation [F21, or

(d)methods of assisting tenants to exchange tenancies.]

(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—

(a)the regulator,

[F22(aa)the Greater London Authority,]

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the Audit Commission for Local Authorities and the National Health Service in England,

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

[F24(da)any body for the time being nominated under section 278A,]

(e)one or more[F25other ] 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.

(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

(c)each direction.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17Words in s. 197(1)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 7; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F18Words in s. 197(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 7; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F19S. 197(2)(aa) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 152, 240(2); S.I. 2012/57, art. 4(1)(n) (with arts. 6, 7, 9-11)

F21S. 197(2)(d) and word inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 176(2), 240(2); S.I. 2012/57, art. 4(1)(s) (with arts. 6, 7, 9-11)

Commencement Information

I6S. 197 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

198SupplementalE+W

F26(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I7S. 198(2)-(5) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

[F27198AFailure to meet standard under section 193E+W

(1)Failure by a registered provider to meet a standard under section 193 (standards relating to consumers matters) is a ground for exercising a power in this Chapter or Chapter 7.

(2)But a power to which this subsection applies may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that—

(a)the failure has resulted in a serious detriment to the registered provider's tenants or potential tenants, or

(b)there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.

(3)Subsection (2) applies to the powers conferred by any of the following—

(a)section 199 (surveys);

(b)section 201 (inspections);

(c)section 206 (inquiries);

(d)section 220 (enforcement notices);

(e)section 227 (penalties);

(f)section 237 (compensation);

(g)section 247 (management tender);

(h)section 251 (appointment of manager).

(4)The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 193 is a ground for exercising a power in this Chapter.

(5)But a power in this Chapter may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that, if the failure occurs—

(a)the failure will result in a serious detriment to the registered provider's tenants or potential tenants, or

(b)there will be a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.

(6)In considering whether to exercise a power within subsection (1) or (4) on the ground mentioned in that subsection, the regulator must have regard to any information it has received from any of the following—

(a)the Commission for Local Administration in England;

(b)a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996;

(c)any body appearing to the regulator to represent the interests of tenants of social housing in England;

(d)a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly or a parish council;

(e)a member of any of the bodies listed in paragraph (d);

(f)the Greater London Authority;

(g)a Member of Parliament;

(h)a fire and rescue authority under the Fire and Rescue Services Act 2004;

(i)the Health and Safety Executive;

(j)the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

198BFailure to meet standard under section 194E+W

(1)Failure by a registered provider to meet a standard under section 194 (standards relating to economic matters) is a ground for exercising a power in this Chapter or Chapter 7 (if the power is otherwise exercisable in relation to a registered provider of that kind).

(2)The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 194 is a ground for exercising a power in this Chapter.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

MonitoringE+W

199SurveyE+W

(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 subsection (2) “authorised person” means a member of the regulator's staff, or another person, authorised in writing by the regulator for the purposes of this section.

(4)An authorised person may enter the premises at any reasonable time and carry out the survey.

(5)Before carrying out the survey an authorised person must give the registered provider at least 28 days' notice.

(6)A registered provider who receives notice of a survey must give each occupier of the premises at least 7 days' notice.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8S. 199 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

200Survey: supplementalE+W

(1)An authorised person carrying out a survey, or seeking to enter premises in order to carry out a survey, must produce a copy of the authorisation on request by an occupier.

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

(3)A registered provider who fails without reasonable excuse to comply with section 199(6) commits an offence.

(4)A registered provider, or an officer of a registered provider, who obstructs an authorised person in exercising a power under section 199 commits an offence.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9S. 200 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

201InspectionsE+W

(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.

[F28(2)The person may be a member of the regulator's staff if the Secretary of State consents.

(2A)Consent under subsection (2) may be general or specific.]

F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5)An inspection may be general or specific.

F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(7)Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.]

[F32(7A)An inspection carried out by a person [F33other than a member of the regulator's staff] under this section is taken for the purposes of paragraph 5 of Schedule 2A to the Audit Commission Act 1998 (inspections by other inspectors of organisations within Audit Commission’s remit) to be carried out by the regulator.]

F34(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28S. 201(2)(2A) substituted for s. 201(2) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 10(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F33Words in s. 201(7A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 10(6); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I10S. 201 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

202Inspections: supplementalE+W

(1)After carrying out an inspection under section 201 the person carrying out the inspection must produce a written report.

(2)The regulator—

(a)must give the registered provider a copy of the report, and

(b)may publish the report and related information.

(3)The person who carried out the inspection may publish the report and related information (whether or not the regulator has done so).

(4)The Secretary of State may by order authorise the regulator to charge fees for inspections.

(5)An inspected registered provider must pay any fee charged.

(6)Before making an order the Secretary of State shall consult—

(a)the regulator,

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

F35(c)..., and

(d)such other persons as the Secretary of State thinks appropriate.

(7)The regulator shall prescribe a scale of fees for inspections, having consulted—

(a)the Secretary of State,[F36and]

(b)one or more bodies appearing to the regulator to represent the interests of registered providers, F37...

F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(8)The functions of billing for and receiving the payment of fees under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F35S. 202(6)(c) (but not the "and" at the end of the paragraph) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 11(2), Sch. 25 Pt. 27; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

F36Word in s. 202(7)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 11(3)(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F37S. 202(7)(c) and preceding word repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 11(3)(b), Sch. 25 Pt. 27; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

Commencement Information

I11S. 202(1)-(3) (5) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I12S. 202(4)(6)(7) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I13S. 202(4)(6)(7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

203Inspector's powersE+W

(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(3) 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.

[F39(12) In this section “ inspector ” means a person authorised in writing by the regulator to exercise the powers under this section for the purposes of an inspection under section 201. ]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I14S. 203 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F40204Performance informationE+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F41205Publication of performance informationE+W

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

206InquiryE+W

(1)If the regulator suspects that the affairs of a registered provider may have been mismanaged, the regulator may hold an inquiry.

(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, employees or consultants of the regulator, and

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

(5)Consultant” means an individual providing services to the regulator otherwise than by virtue of employment with the regulator or an appointment under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15S. 206 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

207Inquiry: supplementalE+W

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

[F42(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I16S. 207 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

208Inquiry: evidenceE+W

(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(3) to (7) and 108 apply for the purposes of this section (with any necessary modifications).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17S. 208 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

209Inquiry: charitiesE+W

(1)An inquiry may be held in relation to a registered charity only if it has received public assistance.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18S. 209 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

210Extraordinary auditE+W

(1)Where an inquiry in respect of [F43a 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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I19S. 210 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F44210AExtraordinary report: local authoritiesE+W

(1)Where an inquiry in respect of a local authority is being held, or has been held, under section 206, the Audit Commission must, at the request of the regulator, report to the regulator on the accounts and balance sheet of the local authority, so far as they relate to the provision of social housing.

(2)A report under this section may include in particular—

(a)any matter that may be included in a report during or on completion of an audit of the local authority’s accounts under Part 2 of the Audit Commission Act 1998, and

(b)copies of or extracts from any such report that has already been made.

(3)The Audit Commission may arrange for a report under this section to be prepared by an auditor (within the meaning of the Audit Commission Act 1998).

(4)The local authority shall pay the Audit Commission’s costs of preparing the report.

(5)“The Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Management and constitutionE+W

211Non-profit providers onlyE+W

This group of sections applies only to non-profit registered providers.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20S. 211 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

212[F45Registered society]: change of rulesE+W

(1)This section applies to [F46a registered society].

(2)An amendment of the society's rules requires consent if it—

(a)alters the society's objects,

(b)makes provision about the distribution of assets to members, or

(c)enables the society to become, or cease to be, a subsidiary or associate of another body.

(3)An amendment of the rules which requires consent is effective only if the regulator has first consented.

(4)The regulator may not consent to an amendment which it thinks would turn the society into a profit-making organisation.

(5)The society must notify the regulator of an amendment of the rules which does not require consent.

(6)In relation to an amendment which requires consent the requirement in [F47section 16(2) of the Co-operative and Community Benefit Societies Act 2014] (sending copies of amendment of rules to [F48Financial Conduct Authority]) is satisfied only if the copies are accompanied by a copy of the regulator's consent.

(7)The preceding provisions of this section shall be treated as if they formed part of that Act as well as of this Act.

(8)The Secretary of State may by order amend the list in subsection (2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I21S. 212(1)(3)-(7) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I22S. 212(2)(8) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

213Charity: change of objectsE+W

(1)This section applies to a registered charity which is not a registered company.

(2)An amendment of the charity's objects is effective only if the Charity Commission has first consented.

(3)Before giving consent the Charity Commission must consult the regulator.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23S. 213 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

214Companies: change of articlesE+W

(1)This section applies to a registered company.

(2)An amendment of the company's articles of association requires consent if it—

(a)alters the company's objects,

(b)makes provision about the distribution of assets to members, or

(c)enables the company to become, or cease to be, a subsidiary or associate of another body.

(3)An amendment of the articles of association which requires consent is effective only if the regulator has first consented.

(4)The regulator may not consent to an amendment which it thinks would turn the company into a profit-making organisation.

(5)The company must notify the regulator—

(a)of an amendment of the articles of association which does not require consent, or

(b)of a change to its name or registered office.

(6)In relation to an amendment which requires consent the requirement in section 30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is satisfied only if the copy is accompanied by a copy of the regulator's consent.

(7)The Secretary of State may by order amend the list in subsection (2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24S. 214(1) s. 214(3)-(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I25S. 214(2)(7) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

GuidanceE+W

215Use of intervention powersE+W

(1)The regulator shall publish—

(a)guidance about [F49the submission of information] to the regulator about the performance of registered providers, and

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

(2)Guidance under subsection (1)(a) must, in particular, specify [F50how the regulator will deal with the submissions it receives.]

[F51(2A)Guidance under subsection (1)(b) must, in particular, specify how the regulator applies and intends to apply the tests in section 198A (use of certain powers in cases of failure or potential failure to comply with standards under section 193).]

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F49Words in s. 215(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 15(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F50Words in s. 215(2) substituted for s. 215(2)(a)-(c) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 15(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I26S. 215(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

I27S. 215(3) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

216ConsultationE+W

Before giving guidance under section 215 the regulator must consult—

[F52(za)the Secretary of State,]

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

[F53(aa)any body for the time being nominated under section 278A,]

(b)one or more[F54other] bodies appearing to it to represent the interests of tenants,

[F55(ba)the Greater London Authority,]

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

F56(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I28S. 216 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

Managers of social housingE+W

217AccreditationE+W

(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);

(c)monitoring compliance;

(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 may refer to accreditation under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29S. 217 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Part

The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Part as a PDF

The Whole Part you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources