Part 2Regulation of Social Housing
Chapter 7Enforcement powers
F1Censure of local authority employees
269ALocal authorities: censure during or following inquiry
1
The regulator may give a censure notice to a local authority if—
a
an inquiry under section 206 is in progress in respect of the authority, 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 authority have been mismanaged, and
b
that the interests of tenants of the authority, 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 authority have been mismanaged.
4
The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied that the affairs of the authority have been mismanaged.
5
A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.
6
The notice must include the regulator’s reasons.
7
The regulator shall send a copy of the notice to the employee or agent concerned.
8
No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).
9
Members of local authorities may not be identified in censure notices.
269BResponse to censure notice
1
A local authority to whom a censure notice is given under section 269A must respond to the regulator in writing within 28 days of receipt of the notice.
2
The response must—
a
explain what action (if any) the authority has taken or proposes to take in relation to the employee or agent,
b
explain why the authority does not think the employee or agent has contributed to the failure or mismanagement, or
c
explain why the authority does not think its affairs have been mismanaged.
Ss. 269A, 269B and cross-heading 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. 74