Part 2Regulation of Social Housing

Chapter 6Regulatory powers

Standards

197Direction by Secretary of State

(1)

The Secretary of State may direct the regulator—

(a)

to set a standard under section 193 F1or 194,

(b)

about the content of standards under section 193 F2or 194, or

(c)

to have regard to specified objectives when setting standards under section 193 or 194.

(2)

The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—

(a)

quality F3, safety or energy efficiency of accommodation,

F4(aa)

tenure,

(b)

rent, F5...

(c)

involvement by tenants in the management by registered providers of accommodation F6, or

(d)

methods of assisting tenants to exchange tenancies.

F7(2A)

The Secretary of State may direct the regulator—

(a)

to set a standard under section 194A,

(b)

to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),

(c)

about the content of standards described in paragraph (a) or (b), or

(d)

to have regard to specified objectives when setting those standards.

(3)

In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.

(4)

Before giving a direction the Secretary of State must consult—

F8(za)

the HCA,

(a)

the regulator,

F9(aa)

the Greater London Authority,

F10(ab)

any housing ombudsman,

F11(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,

F13(da)

any body for the time being nominated under section 278A,

(e)

one or moreF14other bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and

(f)

one or more bodies appearing to the Secretary of State to represent the interests of registered providers.

(5)

Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.

F15(5A)

Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).

(6)

A direction may disapply the requirement to consult under section 196 in relation to specified matters.

(7)

The regulator shall comply with any direction.

(8)

The Secretary of State shall publish—

(a)

each proposed direction that is the subject of a consultation,

(b)

each response to a consultation, and

(c)

each direction.