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Housing and Regeneration Act 2008, Section 247 is up to date with all changes known to be in force on or before 10 September 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.
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(1)This section applies if the regulator is satisfied that—
(a)a registered provider has failed to meet a standard F1... under section [F2193, 194 or 194C],
F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(ab)a 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(1),
(ac)the functions of the health and safety lead are not being carried out,]
(b)the affairs of a registered provider have been mismanaged in relation to social housing [F5, or
(c)a registered provider has failed to comply with a performance improvement plan notice.]
(2)The regulator may [F6by notice] 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 [F7(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
F1Words in s. 247(1)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 32(a); S.I. 2023/1001, reg. 2(y)(viii)
F2Words in s. 247(1)(a) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 22(6), 46(3); S.I. 2023/1001, reg. 2(j)
F3S. 247(1)(aa) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 32(b); S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
F4S. 247(1)(ab)(ac) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 10(5), 46(3); S.I. 2024/437, reg. 2(d)
F5S. 247(1)(c) and word inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 31(6), 46(3); S.I. 2024/437, reg. 2(r)
F6Words in s. 247(2) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 9; S.I. 2023/1001, reg. 2(x)
F7Words 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
I1S. 247 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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