259Suspension during inquiryE+W
(1)The regulator may make an order under this section if—
(a)an inquiry under section 206 is in progress in respect of a [F1private] registered provider, and
(b)[F2any] of the following cases applies.
(2)Case 1 applies if the regulator [F3is satisfied]—
(a)that the affairs of the registered provider have been mismanaged, and
(b)that the interests of tenants of the registered provider, or its assets, require protection.
(3)Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied [F4that—
(a)the affairs of the registered provider have been mismanaged, or
(b)the registered provider has failed to meet a standard under section 193, 194 or 194C.]
[F5(3A)Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.]
[F6(4)The regulator may by order—
(a)where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or
(b)where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.]
F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.
(7)But the regulator may revoke an order before the end of that period.
[F8(7A)If the regulator makes an order, the regulator must—
(a)take all reasonable steps to notify the person suspended, and
(b)notify the registered provider.]
(8)The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.
Textual Amendments
F1Word in s. 259(1)(a) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(a); S.I. 2024/437, reg. 2(y)
F2Word in s. 259(1)(b) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(b); S.I. 2024/437, reg. 2(y)
F3Words in s. 259(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 37; S.I. 2024/437, reg. 2(z) (with reg. 5(5))
F4Words in s. 259(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(c); S.I. 2024/437, reg. 2(y)
F5S. 259(3A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(d); S.I. 2024/437, reg. 2(y)
F6S. 259(4) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(e); S.I. 2024/437, reg. 2(y)
F7S. 259(5) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(d), 46(3); S.I. 2023/1001, reg. 2(n)
F8S. 259(7A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 15; S.I. 2023/1001, reg. 2(x)
Commencement Information
I1S. 259 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)