(1)The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—
(a)any of the following cases applies, and
(b)giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).
(2)Case 1 is where the registered provider has failed to meet a standard [F1applicable to it] under section 193 or 194.
(3)Case 2 is where the affairs of the registered provider have been mismanaged.
(4)Case 3 is where the registered provider has failed to comply with an earlier enforcement notice.
(5)Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).
(6)Case 5 is where the interests of tenants of the registered provider require protection.
(7)Case 6 is where [F2the registered provider is a private registered provider and its assets] require protection.
(8)Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
[F3(9)Case 8 is where the registered provider has failed to pay—
(a)in the case of a private registered provider, an annual fee under section 117(1)(b);
(b)in the case of a local authority, an initial fee or an annual fee under section 117(1)(a) or (b).]
(10)Case 9 is where an offence under this Part has been committed by the registered provider.
(11)Case 10 is where the registered provider has failed to comply with an order made by an ombudsman appointed by virtue of section 124.
(12)Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
(a)Case 9 applies,
(b)the regulator may give an enforcement notice to the other person, and
(c)this Chapter applies with the substitution of references to that other person for references to the registered provider.
Textual Amendments
F1Words in s. 220(2) 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. 56(2)
F2Words in s. 220(7) substituted (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. 56(3)
F3S. 220(9) substituted (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. 56(4)
Commencement Information
I1S. 220 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)