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Housing and Regeneration Act 2008
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- UK Public General Acts
- 2008 c. 17
- Part 2
- Chapter 7
- Restrictions on dealings by...
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Changes over time for: Cross Heading: Restrictions on dealings by ... registered providers
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Changes to legislation:
Housing and Regeneration Act 2008, Cross Heading: Restrictions on dealings by ... registered providers is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(6A) inserted by 2023 c. 55 s. 138
- s. 251(1)(c) and word inserted by 2023 c. 36 s. 31(7)
- s. 251(1)(ab)(ac) inserted by 2023 c. 36 s. 10(6)
Restrictions on dealings [F1by F2... registered providers]E+W
Textual Amendments
F1Words in cross-heading before s. 256 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 72
F2Word in s. 256 cross-heading omitted (1.4.2024) by virtue of The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/399), reg. 1(7), Sch. 1 para. 1(8); S.I. 2024/437, reg. 2(y)
256Restrictions on dealings during inquiryE+W
(1)The regulator may make an order under this section if—
(a)an inquiry under section 206 is in progress in respect of a [F3private] registered provider, and
(b)either of the following cases applies.
(2)Case 1 applies if the regulator [F4is satisfied]—
(a)that the affairs of the registered provider have been mismanaged, and
(b)that the interests of tenants of the registered provider, or its assets, require protection.
(3)Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied [F5that—
(a)the affairs of the registered provider have been mismanaged, or
(b)the registered provider has failed to meet a standard under section 194.]
(4)The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.
(5)The regulator may make an order restricting—
(a)the transactions that may be entered into by the registered provider, or
(b)the nature and amounts of payments that may be made by it.
(6)An order under subsection (5) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.
[F6(6A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.
(9)But the regulator—
(a)may revoke the order before that time;
(b)may by order extend it for a specified period of up to 6 months.
Textual Amendments
F3Word in s. 256(1)(a) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 13(a); S.I. 2024/437, reg. 2(y)
F4Words in s. 256(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 34; S.I. 2024/437, reg. 2(z) (with reg. 5(4))
F5Words in s. 256(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 13(b); S.I. 2024/437, reg. 2(y)
F6S. 256(6A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 34(2), 46(3); S.I. 2023/1001, reg. 2(o)
F7S. 256(7) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(b), 46(3); S.I. 2023/1001, reg. 2(n)
Commencement Information
I1S. 256 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
257Restrictions on dealings following inquiryE+W
(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied [F8that—
(a)the affairs of a private registered provider have been mismanaged, or
(b)a private registered provider has failed to meet a standard under section 194.]
(2)The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.
(3)The regulator may make an order restricting—
(a)the transactions that may be entered into by the registered provider, or
(b)the nature and amounts of payments that may be made by it.
(4)An order under subsection (3) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.
[F9(4A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)An order under this section has effect until revoked by the regulator.
Textual Amendments
F8Words in s. 257(1) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 14; S.I. 2024/437, reg. 2(y)
F9S. 257(4A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 34(3), 46(3); S.I. 2023/1001, reg. 2(o)
F10S. 257(5) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(c), 46(3); S.I. 2023/1001, reg. 2(n)
Commencement Information
I2S. 257 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
258Restrictions on dealings: supplementalE+W
(1)Before making an order under section 256 or 257 the regulator must take all reasonable steps to give notice to—
(a)the registered provider, and
(b)in the case of an order under section 256(4) or 257(2), the person to whom the order is directed.
(2)Contravention of an order under section 256(4) or 257(2) is an offence.
(3)A person guilty of an offence is liable on summary conviction to a fine F11....
(4)Proceedings for an offence may be brought only by or with the consent of—
(a)the regulator, or
(b)the Director of Public Prosecutions.
Textual Amendments
F11Words in s. 258(3) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 35; S.I. 2023/1001, reg. 2(y)(ix)
Commencement Information
I3S. 258 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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