Housing and Regeneration Act 2008

Enforcement notice E+W

219 Overview E+W

This group of sections allows the regulator to require a registered provider to take specified action to resolve a specified failure or other problem.

Commencement Information

I1 S. 219 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

220 Grounds for giving notice E+W

(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 [F1 applicable 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 [F2 the 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.

[F4 (11A) Case 11 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.]

(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

F1 Words 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)

F2 Words 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)

F3 S. 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)

F4 S. 220(11A) inserted (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 30(2), 36(5); S.I. 2016/394, reg. 4

Commencement Information

I2 S. 220 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

221 Content E+W

(1) An enforcement notice must—

(a) specify the grounds on which it is given,

(b) specify the action the regulator wants the registered provider to take in response to the notice,

(c) specify when the action is to be taken (which may be immediately on receipt of the notice), and

(d) explain the effect of sections 223 to 225.

(2) The action specified in an enforcement notice may include publishing the notice in a specified manner.

Commencement Information

I3 S. 221 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F5 222 Notifying HCA etc E+W

If the regulator gives an enforcement notice it must send a copy—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (za) to the HCA,]

[F8 (aa) in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and]

(b) in the case of an enforcement notice given to a local authority, to the Secretary of State.]

Textual Amendments

F5 S. 222 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. 57

F6 S. 222(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 46, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

F7 S. 222(za) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 29 (with Pt. 4)

F8 S. 222(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 58; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I4 S. 222 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

223 Appeal E+W

A registered provider who is given an enforcement notice may appeal to the High Court.

Commencement Information

I5 S. 223 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

224 Withdrawal E+W

The regulator may withdraw an enforcement notice by notice to the registered provider.

Commencement Information

I6 S. 224 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

225 Sanction E+W

(1) If a registered provider does not comply with an enforcement notice the regulator shall consider exercising another power under Chapter 6 or this Chapter.

(2) In the case of an enforcement notice given to a person other than the registered provider by virtue of section 220(12), the regulator may only—

(a) exercise the power to issue a penalty notice to the person in accordance with the next group of sections, or

(b) take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.

(3) A person to whom an enforcement notice is given on the ground in Case 9 of section 220 may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.

Commencement Information

I7 S. 225 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)