C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Management etc.
250AF1Sections 247 and 249: local authorities
1
This section makes further provision about the application of sections 247 and 249 in a case where the registered provider is a local authority.
2
The regulator may act under those sections even if the local authority already has a management agreement in place.
3
But while a section 247 or 249 arrangement is in force, the local authority may not give effect to a management agreement as respects functions of the authority which are the subject of the arrangement.
4
Any duty the local authority may have to consult with respect to the exercise of its management functions (for example, a duty arising by virtue of section 27BA of the Housing Act 1985) does not apply so far as it is acting pursuant to a requirement imposed on it under section 247 or 249.
5
A section 247 or 249 arrangement—
a
is not to be considered a management agreement, but
b
subsections (13) and (15) of section 27 of the Housing Act 1985 apply to it as they apply to a management agreement.
6
In this section—
“management agreement” has the meaning given by section 27(2)(a) and 27B(4) of the Housing Act 1985;
“section 247 or 249 arrangement” means an arrangement which is entered into pursuant to a requirement imposed on a local authority under section 247 or 249 and by which functions of the authority are to be exercised by a manager on its behalf.
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)