Social Housing (Regulation) Act 2023

3 Collection of information E+W

(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) In section 107 (collection)—

(a) for subsection (1) substitute—

“(1) The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.”;

(b) omit subsection (2);

(c) before subsection (3), insert—

“(2A) A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.”;

(d) in subsection (3)—

(i) in the opening words, after “requirement” insert “under subsection (1)”;

(ii) in paragraph (a), for “document or information” substitute “document, information or an explanation”;

(e) in subsection (4), for “documents or information” substitute “documents, information or explanations”;

(f) after subsection (4) insert—

“(4A) The regulator may in writing authorise a person to exercise any of its powers under this section.

(4B) An authorisation—

(a) must specify the extent to which the person is authorised to exercise the powers, and

(b) may provide that the person is to be authorised for a particular period.”;

(g) in subsection (5), after “requirement” insert “under subsection (1)”;

(h) in subsection (6), for “to which a requirement relates” substitute “required under subsection (1)”;

(i) after subsection (6) insert—

“(6A) Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.”;

(j) in subsection (7), after “requirement” insert “under subsection (1)”.

(3) In section 108 (section 107: supplemental)—

(a) in subsection (1), after “requirement” insert “under section 107(1)”;

(b) for subsection (2) substitute—

“(2) A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a) a registered provider,

(b) a subsidiary of a registered provider,

(c) an associate of a registered provider, or

(d) a person who is certified in writing by the regulator as being—

(i) a person who has applied to be entered in the register of providers of social housing, or

(ii) a local authority which the regulator thinks may be, or may become, a provider of social housing.”;

(c) in subsection (3), omit the words from “not” to the end;

(d) in subsection (4)—

(i) in the words before paragraph (a), after “107(6)” insert “or (6A)”;

(ii) in paragraph (a) omit the words from “not” to the end;

(e) in subsection (5), for “or (6)” substitute “, (6) or (6A)”.

Commencement Information

I1 S. 3 not in force at Royal Assent, see s. 46(3)

I2 S. 3(1) in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(c)(i)

I3 S. 3(1)(3) in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(a)

I4 S. 3(2) in force at 1.4.2024 by S.I. 2024/437, reg. 2(a)

I5 S. 3(3) in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(c)(ii)(aa)

I6 S. 3(3)(c)(d)(ii) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(c)(ii)(bb)