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Housing and Regeneration Act 2008, Cross Heading: Censure of local authority employees is up to date with all changes known to be in force on or before 02 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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Textual Amendments
F1 Ss. 269A, 269B and cross-heading 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. 74
(1)The regulator may give a censure notice to a local authority if—
(a)an inquiry under section 206 is in progress in respect of the authority, and
(b)either of the following cases applies.
(2)Case 1 applies if the regulator [F2is satisfied]—
(a)that the affairs of the authority have been mismanaged, and
(b)that the interests of tenants of the authority, 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 authority have been mismanaged, or
(b)the authority has failed to meet a standard under section 193, 194 or 194C.]
(4)The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied [F4that—
(a)the affairs of the authority have been mismanaged, or
(b)the authority has failed to meet a standard under section 193, 194 or 194C.]
(5)A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.
(6)The notice must include the regulator’s reasons.
(7)The regulator shall send a copy of the notice to the employee or agent concerned.
(8)No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).
(9)Members of local authorities may not be identified in censure notices.
Textual Amendments
F2Words in s. 269A(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 40; S.I. 2024/437, reg. 2(z) (with reg. 5(7))
F3Words in s. 269A(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 19(a); S.I. 2024/437, reg. 2(y)
F4Words in s. 269A(4) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 19(b); S.I. 2024/437, reg. 2(y)
(1)A local authority to whom a censure notice is given under section 269A must respond to the regulator in writing within 28 days of receipt of the notice.
(2)The response must—
(a)explain what action (if any) the authority has taken or proposes to take in relation to the employee or agent,
(b)explain why the authority does not think the employee or agent has contributed to the failure or mismanagement, or
(c)explain why the authority does not think its affairs have been mismanaged [F5or it has failed to meet the standard (as the case may be).]]
Textual Amendments
F5Words in s. 269B(2)(c) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 20; S.I. 2024/437, reg. 2(y)
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