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 7 E+W Enforcement powers

Management etc. E+W

247 Management tender E+W

(1) This section applies if the regulator is satisfied that—

(a) a registered provider has failed to meet a standard [F1 applicable to it] under section 193 or 194,

[F2 (aa) a registered provider has failed to comply with—

(i) section 23 of the Welfare Reform and Work Act 2016,

(ii) regulations under section 27 of that Act, or

(iii) Part 1 of Schedule 2 to that Act,] or

(b) the affairs of a registered provider have been mismanaged in relation to social housing.

(2) The regulator may require the registered provider to implement a process specified by the regulator for the purpose of—

(a) inviting persons to apply to undertake management functions of the registered provider, and

(b) selecting from the applications and making an appointment.

(3) A requirement may relate to—

(a) the registered provider's affairs generally in so far as they relate to social housing, or

(b) specified affairs relating to social housing.

(4) A requirement must include—

(a) provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b) provision for ensuring best procurement practice [F3 (and consistent with any applicable procurement law)], and

(c) provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i) setting, monitoring and enforcing performance standards, and

(ii) resources).

Textual Amendments

F1 Words in s. 247(1)(a) 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. 64(2)

F2 S. 247(1)(aa) inserted (16.3.2016 for specified purposes) by Welfare Reform and Work Act 2016 (c. 7), ss. 30(5), 36(5)

F3 Words in s. 247(4)(b) 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. 64(3)

Commencement Information

I1 S. 247 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)