Housing and Regeneration Act 2008

[F1 Censure of local authority employees E+W

Textual Amendments

F1 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

269A Local authorities: censure during or following inquiry E+W

(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 [F2 is satisfied]—

(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 [F3 that—

(a) the affairs of the authority have been mismanaged, or

(b) the authority has failed to meet a standard under section 193, 194 or 194C.]

(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 [F4 that—

(a) the affairs of the authority have been mismanaged, or

(b) the authority has failed to meet a standard under section 193, 194 or 194C.]

(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.

Textual Amendments

F2 Words in s. 269A(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 40; S.I. 2024/437, reg. 2(z) (with reg. 5(7))

F3 Words in s. 269A(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 19(a); S.I. 2024/437, reg. 2(y)

F4 Words in s. 269A(4) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 19(b); S.I. 2024/437, reg. 2(y)

269B Response to censure notice E+W

(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 [F5 or it has failed to meet the standard (as the case may be).]]

Textual Amendments

F5 Words in s. 269B(2)(c) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 20; S.I. 2024/437, reg. 2(y)