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Housing and Regeneration Act 2008
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Changes over time for: Section 259
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Changes to legislation:
Housing and Regeneration Act 2008, Section 259 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 259:
- 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)
259Suspension 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)[F2any] of the following cases applies.
(2)Case 1 applies if the regulator [F3is 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 [F4that—
(a)the affairs of the registered provider have been mismanaged, or
(b)the registered provider has failed to meet a standard under section 193, 194 or 194C.]
[F5(3A)Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.]
[F6(4)The regulator may by order—
(a)where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or
(b)where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.]
F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)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.
(7)But the regulator may revoke an order before the end of that period.
[F8(7A)If the regulator makes an order, the regulator must—
(a)take all reasonable steps to notify the person suspended, and
(b)notify the registered provider.]
(8)The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.
Textual Amendments
F1Word in s. 259(1)(a) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(a); S.I. 2024/437, reg. 2(y)
F2Word in s. 259(1)(b) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(b); S.I. 2024/437, reg. 2(y)
F3Words in s. 259(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 37; S.I. 2024/437, reg. 2(z) (with reg. 5(5))
F4Words in s. 259(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(c); S.I. 2024/437, reg. 2(y)
F5S. 259(3A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(d); S.I. 2024/437, reg. 2(y)
F6S. 259(4) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 15(e); S.I. 2024/437, reg. 2(y)
F7S. 259(5) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 33(d), 46(3); S.I. 2023/1001, reg. 2(n)
F8S. 259(7A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 15; S.I. 2023/1001, reg. 2(x)
Commencement Information
I1S. 259 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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