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Housing and Regeneration Act 2008
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Changes over time for: Section 256
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Housing and Regeneration Act 2008, Section 256 is up to date with all changes known to be in force on or before 08 November 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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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)
256Restrictions on dealings during inquiryE+W
This section has no associated Explanatory Notes
(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)either of the following cases applies.
(2)Case 1 applies if the regulator [F2is 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 [F3that—
(a)the affairs of the registered provider have been mismanaged, or
(b)the registered provider has failed to meet a standard under section 194.]
(4)The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.
(5)The regulator may make an order restricting—
(a)the transactions that may be entered into by the registered provider, or
(b)the nature and amounts of payments that may be made by it.
(6)An order under subsection (5) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.
[F4(6A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)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.
(9)But the regulator—
(a)may revoke the order before that time;
(b)may by order extend it for a specified period of up to 6 months.
Textual Amendments
F1Word in s. 256(1)(a) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 13(a); S.I. 2024/437, reg. 2(y)
F2Words in s. 256(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 34; S.I. 2024/437, reg. 2(z) (with reg. 5(4))
F3Words in s. 256(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 13(b); S.I. 2024/437, reg. 2(y)
F4S. 256(6A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 34(2), 46(3); S.I. 2023/1001, reg. 2(o)
F5S. 256(7) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(b), 46(3); S.I. 2023/1001, reg. 2(n)
Commencement Information
I1S. 256 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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