C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Penalty
I1227Grounds for imposition
1
The regulator may require a F1private registered provider to pay a penalty if the regulator is satisfied that—
a
any of the following cases applies, and
b
the imposition of a penalty is appropriate (whether or not as part of a response including other action).
2
Case 1 is where the registered provider has failed to meet a standard 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 enforcement notice.
5
Case 4 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
6
Case 5 is where the registered provider has failed to pay an annual fee under section F2117(1)(b).
7
Case 6 is where an offence under this Part has been committed by the registered provider.
F37A
Case 7 is where the registered provider has failed to comply with—
a
section 23 of the Welfare Reform and Work Act 2016,
b
regulations under section 27 of that Act, or
c
Part 1 of Schedule 2 to that Act.
8
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 6 applies,
b
the regulator may require the other person to pay a penalty, and
c
this Chapter applies with the substitution of references to that other person for references to the registered provider.
9
In order to rely on Case 6 the regulator must be satisfied beyond reasonable doubt that it applies.
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)