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Housing and Regeneration Act 2008
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Changes over time for: Section 220
Changes to legislation:
Housing and Regeneration Act 2008, Section 220 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 220:
- s. 14(6A) inserted by 2023 c. 55 s. 138
- s. 251(1)(c) and word inserted by 2023 c. 36 s. 31(7)
- s. 251(1)(ab)(ac) inserted by 2023 c. 36 s. 10(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(6A) inserted by 2023 c. 55 s. 138
- s. 251(1)(c) and word inserted by 2023 c. 36 s. 31(7)
- s. 251(1)(ab)(ac) inserted by 2023 c. 36 s. 10(6)
220Grounds for giving noticeE+W
This section has no associated Explanatory Notes
(1)The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—
(a)any of the following cases applies, and
(b)giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).
(2)Case 1 is where the registered provider has failed to meet a standard F1... under section [F2193, 194 or 194C].
(3)Case 2 is where the affairs of the registered provider have been mismanaged.
(4)Case 3 is where the registered provider has failed to comply with an earlier enforcement notice.
(5)Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).
(6)Case 5 is where the interests of tenants of the registered provider require protection.
(7)Case 6 is where [F3the registered provider is a private registered provider and its assets] require protection.
(8)Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
[F4(9)Case 8 is where the registered provider has failed to [F5pay an annual fee under section 117(1)(b).]
(10)Case 9 is where an offence under this Part has been committed by the registered provider.
(11)Case 10 is where the registered provider has failed to comply with an order made by [F6a housing ombudsman].
F7(11A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(11B)Case 12 is where—
(a)the registered provider—
(i)does not have a health and safety lead designated under section 126A, or
(ii)has failed to meet a requirement under section 126C, or
(b)the functions of the health and safety lead are not being carried out.]
[F9(11C)Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.]
[F10(11D)Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.
(11E)Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.]
(12)Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
(a)Case 9 applies,
(b)the regulator may give an enforcement notice to the other person, and
(c)this Chapter applies with the substitution of references to that other person for references to the registered provider.]
Textual Amendments
F1Words in s. 220(2) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 27(a); S.I. 2023/1001, reg. 2(y)(viii)
F2Words in s. 220(2) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 22(3), 46(3); S.I. 2023/1001, reg. 2(j)
F3Words in s. 220(7) substituted (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. 56(3)
F4S. 220(9) substituted (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. 56(4)
F5Words in s. 220(9) substituted (1.4.2024) by The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/399), reg. 1(4), Sch. 1 para. 1(5); S.I. 2024/437, reg. 2(b)
F6Words in s. 220(11) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 27(b); S.I. 2023/1001, reg. 2(y)(viii)
F7S. 220(11A) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 27(c); S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
F8S. 220(11B) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 10(3), 46(3); S.I. 2024/437, reg. 2(d)
F9S. 220(11C) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 27(3), 46(3); S.I. 2023/1001, reg. 2(m)
F10S. 220(11D)(11E) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 31(3), 46(3); S.I. 2024/437, reg. 2(r)
Commencement Information
I1S. 220 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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