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).