Housing and Regeneration Act 2008

218Exercise of enforcement powersE+W
This section has no associated Explanatory Notes

(1)[F1Subsection (2)] applies where the regulator is deciding—

(a)whether to exercise a power under this Chapter,

(b)which power under this Chapter to exercise, or

(c)how to exercise a power under this Chapter.

(2)The regulator shall consider—

(a)the desirability of registered providers being free to choose how to provide services and conduct business;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the speed with which the failure or other problem needs to be addressed.

[F3(3)Subsection (4) applies where the regulator is making a decision in relation to—

(a)the exercise, on a ground other than one specified in section 198A(1) (failure to meet standard under section 193), of a power under this Chapter that is listed in section 198A(3), or

(b)the exercise of a power under this Chapter that is not listed in section 198A(3).

(4)The regulator shall consider—

(a)whether the failure or other problem concerned is serious or trivial;

(b)whether the failure or other problem is a recurrent or isolated incident.]

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Amendments (Textual)

F1Words in s. 218(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I1S. 218 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)