Part 2 E+WRegulation of Social Housing

Modifications etc. (not altering text)

C1 Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Chapter 7 E+WEnforcement powers

Suspension and removal of officers [F1 of non-profit registered providers] E+W

Textual Amendments

F1 Words in cross-heading before s. 259 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. 73

259 Suspension during inquiry E+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 non-profit registered provider, and

(b) either of the following cases applies.

(2) Case 1 applies if the regulator has reasonable grounds for believing—

(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 that the affairs of the registered provider have been mismanaged.

(4) The regulator may by order suspend any officer, employee or agent of the registered provider who it thinks has contributed to the failure or mismanagement.

F2 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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.

(7) But the regulator may revoke an order before the end of that period.

[F3 (7A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person suspended, and

(b) notify the registered provider.]

(8) The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.

Textual Amendments

F2 S. 259(5) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(d), 46(3); S.I. 2023/1001, reg. 2(n)

F3 S. 259(7A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 15; S.I. 2023/1001, reg. 2(x)

Commencement Information

I1 S. 259 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)