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Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 7E+WEnforcement powers

Enforcement noticeE+W

219OverviewE+W

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

Commencement Information

I1S. 219 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

220Grounds for giving noticeE+W

(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 F1... under section [F2193, 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 [F3the 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.

[F4(9)Case 8 is where the registered provider has failed to pay—

(a)in the case of a private registered provider, an annual fee under section 117(1)(b);

(b)in the case of a local authority, an initial fee or an annual fee under section 117(1)(a) or (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 [F5a housing ombudsman].

F6(11A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(11C)Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.]

(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.

Textual Amendments

Commencement Information

I2S. 220 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

221ContentE+W

(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,

(c)specify when the action is to be taken (which may be immediately on receipt of the notice), and

(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.

Commencement Information

I3S. 221 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F8 222 Notifying HCA etc E+W

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

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(za)to the HCA,]

[F11(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.]

Textual Amendments

Commencement Information

I4S. 222 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

223AppealE+W

[F12(1)] A registered provider who is given an enforcement notice may appeal to the High Court.

[F13(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.]

Textual Amendments

Commencement Information

I5S. 223 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

224WithdrawalE+W

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

Commencement Information

I6S. 224 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

225SanctionE+W

(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 the next group of sections, 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.

Commencement Information

I7S. 225 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)