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Housing and Regeneration Act 2008
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Changes over time for: Section 252
Changes to legislation:
Housing and Regeneration Act 2008, Section 252 is up to date with all changes known to be in force on or before 03 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 252:
- 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)
252Section 251: supplementalE+W
This section has no associated Explanatory Notes
(1)Before acting under section 251(2) the regulator must give the registered provider a notice—
(a)specifying grounds on which action might be taken under that section,
(b)warning the provider that the regulator is considering action under that section, and
(c)explaining the effect of this section.
[F1(2)The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.]
[F2(2A)Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The regulator must send a copy of a notice under subsection (1) to—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(za)the HCA,]
[F6(aa)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and]
(b)any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).
(5)A notice under subsection (1) must—
(a)refer to section 125 (voluntary undertaking), and
(b)indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 251(2).
(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.
[F7(6A)The regulator must notify the HCA of an appointment or requirement under section 251(2).]
F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(7A)The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.]
(8)The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).
(9)A [F10private registered provider] may appeal to the High Court against an appointment or requirement under section 251(2).
[F11(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which—
(a)the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or
(b)the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).]
Textual Amendments
F1S. 252(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 9(a); S.I. 2024/437, reg. 2(y) (with reg. 5(1))
F2S. 252(2A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 9(b); S.I. 2024/437, reg. 2(y) (with reg. 5(1))
F3S. 252(3) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 9(c); S.I. 2024/437, reg. 2(y) (with reg. 5(1))
F4S. 252(4)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 52(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F5S. 252(4)(za) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 35(a) (with Pt. 4)
F6S. 252(4)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 64(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F7S. 252(6A) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 35(b) (with Pt. 4)
F8S. 252(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 52(3), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F9S. 252(7A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 64(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F10Words in s. 252(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. 69
F11S. 252(10) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 14; S.I. 2023/1001, reg. 2(x)
Commencement Information
I1S. 252 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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