Housing and Regeneration Act 2008 (c. 17)

Part 2 E+W Regulation of Social Housing

Chapter 6 E+W Regulatory powers

Standards E+W

197 Direction by Secretary of State E+W

(1) The Secretary of State may direct the regulator—

(a) to set a standard under section 193,

(b) about the content of standards under section 193, or

(c) to have regard to specified objectives when setting standards under section 193 or 194.

(2) The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—

(a) quality of accommodation,

(b) rent, or

(c) involvement by tenants in the management by registered providers of accommodation.

(3) In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.

(4) Before giving a direction the Secretary of State must consult—

(a) the regulator,

(b) the HCA,

(c) the Audit Commission for Local Authorities and the National Health Service in England,

(d) one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,

[F1 (da) any body for the time being nominated under section 278A,]

(e) one or more[F2 other ] bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and

(f) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.

(5) Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.

(6) A direction may disapply the requirement to consult under section 196 in relation to specified matters.

(7) The regulator shall comply with any direction.

(8) The Secretary of State shall publish—

(a) each proposed direction that is the subject of a consultation,

(b) each response to a consultation, and

(c) each direction.

Textual Amendments

F1 S. 197(4)(da) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(5)(a), 148(1)(c)

F2 Word in s. 197(4)(e) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(5)(b), 148(1)(c)

Commencement Information

I1 S. 197 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))