Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Management etc.
I1248Section 247: supplemental
1
Before acting under section 247(2) the regulator must give the registered provider a notice—
a
specifying grounds on which action might be taken under that section,
b
warning the provider that the regulator is considering action under that section, and
c
explaining the effect of this section.
2
The notice must specify a period during which the registered provider may make representations to the regulator.
3
The period must—
a
be a period of at least 28 days, and
b
begin with the date on which the registered provider receives the notice.
4
The regulator must send a copy of a notice under subsection (1) to—
a
the HCA, F1...
F5b
the Secretary of State (if the notice is given to a local authority), and
c
any other persons the regulator thinks appropriate.
5
A notice under subsection (1) must—
a
refer to section 125 (voluntary undertaking), and
b
indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 247(2).
6
Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.
7
In imposing a requirement the regulator must have regard to views of—
a
relevant tenants,
b
the registered provider,
c
the HCA, F4...
F2d
the Secretary of State (if the registered provider is a local authority), and
e
if the regulator thinks it appropriate, any relevant local housing authority.
F38
If the regulator imposes a requirement it must send a copy—
a
to the HCA, and
b
in the case of a requirement imposed on a local authority, to the Secretary of State.
9
A registered provider may appeal to the High Court against a requirement under section 247(2).