Housing and Regeneration Act 2008 (c. 17)

Part 2 E+W Regulation of Social Housing

Modifications etc. (not altering text)

C1 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. 9 11 14 15 17)

Chapter 4 E+W Registered providers

[F1 Health and safety lead for registered provider E+W

Textual Amendments

F1 Ss. 126A-126D and cross-heading inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 10(2), 46(3); S.I. 2024/437, reg. 2(d)

126A Designation of health and safety lead E+W

(1) A registered provider must designate an individual to carry out the functions in section 126B.

(2) The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.

(3) The health and safety lead must be—

(a) in the case of a private registered provider—

(i) if the provider has at least 15 employees, an employee of the provider;

(ii) otherwise, an employee or officer of the provider;

(b) in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—

(i) the executive leader,

(ii) another member of the executive, or

(iii) an employee of the authority;

(c) in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—

(i) a member of the executive other than the elected mayor, or

(ii) an employee of the authority;

(d) in the case of the Common Council of the City of London, an employee of the Common Council;

(e) in the case of any other local authority—

(i) the chairman or vice-chairman of the authority (if holding a paid office), or

(ii) an employee of the authority.

(4) In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—

• “elected mayor” (section 9H(1));

• “executive” (section 9C);

• “executive arrangements” (section 9B(4));

• “executive leader” (section 9C(3)(a));

• “leader and cabinet executive (England)” (section 9C(3));

• “mayor and cabinet executive” (section 9C(2)).

(5) For the purposes of subsection (3)(e)(i)—

(a) the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);

(b) a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.

(6) The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.]