Housing and Regeneration Act 2008

252 Section 251: supplemental

(1) Before acting under section 251(2) the regulator must give the registered provider a notice—

(a) specifying grounds on which action might be taken under that section,

(b) warning the provider that the regulator is considering action under that section, and

(c) explaining the effect of this section.

(2) The notice must specify a period during which the registered provider may make representations to the regulator.

(3) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered provider receives the notice.

(4) The regulator must send a copy of a notice under subsection (1) to—

(a) the HCA, and

(b) any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5) A notice under subsection (1) must—

(a) refer to section 125 (voluntary undertaking), and

(b) indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 251(2).

(6) Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.

(7) The regulator must notify the HCA of an appointment or requirement under section 251(2).

(8) The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).

(9) A registered provider may appeal to the High Court against an appointment or requirement under section 251(2).