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Statutory Instruments
Housing, England And Wales
Made
8th March 2010
Laid before Parliament
10th March 2010
Coming into force
1st April 2010
The Secretary of State, in exercise of the powers conferred by sections 228(5)(a), 240(5)(a) and 320 of the Housing and Regeneration Act 2008(1), makes the following Regulations:
1.—(1) These Regulations may be cited as the Housing and Regeneration Act 2008 (Penalty and Compensation Notices) Regulations 2010.
(2) These Regulations come into force on 1st April 2010.
2. For the purposes of section 228(2)(d) and 240(2)(e) of the Housing and Regeneration Act 2008, the Regulator of Social Housing must specify a period of at least 28 days.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary under Secretary of State
Department for Communities and Local Government
8th March 2010
(This note is not part of the Regulations)
Under section 228 of the Housing and Regeneration Act 2008 the Regulator of Social Housing may penalise failures on the part of a registered provider of social housing. In order to do so the Regulator must send the provider a penalty notice. Amongst other things that notice must specify the period within which the penalty must be paid. These Regulations provide that the period specified in such a notice shall be at least 28 days.
Under section 240 of the Act the Regulator of Social Housing may award compensation to a victim of a failure on the part of a registered provider of social housing. In order to do so the Regulator must send a compensation notice. Amongst other things that notice must specify the period within which the compensation must be paid. These Regulations provide that the period specified in such a notice shall be at least 28 days.
An impact assessment has not been produced, because no impact on the costs of business, the public sector, third sector organisations, regulators or consumers is foreseen. An Explanatory Memorandum has been prepared and is available alongside the instrument on the OPSI website at www.opsi.gov.uk.
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