Housing and Regeneration Act 2008

196 Consultation E+W

(1) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—

(b) one or more bodies appearing to it to represent the interests of registered providers,

one or more bodies appearing to it to represent the interests of secured creditors of registered providers,

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

(c) one or more[F2 other] bodies appearing to it to represent the interests of tenants of social housing,

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) one or more bodies appearing to it to represent the interests of local housing authorities,

[F4 (ea) the Greater London Authority,]

[F5 (eb) any housing ombudsman,]

F6 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and

(g) the Secretary of State.

[F7 (1A) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.]

(2) Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.

[F8 (3) Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.

(4) The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).

(5) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).]

Textual Amendments

F1 S. 196(1)(ba) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(4)(a), 148(1)(c)

F2 Word in s. 196(1)(c) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(4)(b), 148(1)(c)

F3 S. 196(1)(d) omitted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 92; S.I. 2015/841, art. 3(x)

F4 S. 196(1)(ea) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 55; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F5 S. 196(1)(eb) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 5(3), 46(3); S.I. 2023/1001, reg. 2(d)

F6 S. 196(1)(f) (but not the word "and" at the end of that paragraph) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 42, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

F7 S. 196(1A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 25 (with Pt. 4)

F8 S. 196(3)-(5) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 21(2), 46(3); S.I. 2023/1001, reg. 2(i)

Commencement Information

I1 S. 196 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))