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Housing and Regeneration Act 2008

Section 197 - Direction by Secretary of State

553.Subsection (1) gives the Secretary of State power to direct the regulator to set a standard under section 193 or about the content of a standard under that section, or for the regulator to have regard to specified objectives when setting a standard under sections 193 or 194.

554.Subsection (2) gives the Secretary of State the power to give a direction under subsection (1)(a) or (b) only if it relates in the Secretary of State’s opinion to one of three issues: the quality of accommodation, rent, or involvement by tenants in the management by registered providers of accommodation.

555.Subsection (3) requires the Secretary of State to have particular regard to the regulator’s objectives in deciding whether to give a direction.

556.Subsection (4) requires the Secretary of State to consult the regulator, the HCA, the Audit Commission; and one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities and bodies appearing to the Secretary of State to represent the interests of tenants and of registered providers before giving a direction.

557.Subsection (5) requires that before giving a direction about a standard which would apply to charities, the regulator must consult the Charity Commission.

558.Subsection (6) allows a direction to disapply the requirement for the regulator to consult under section 196 in relation to specified matters.

559.Subsection (7) provides that the regulator must comply with any direction given and subsection (8) requires that the Secretary of State publish each proposed direction for consultation; each response to a consultation; and each direction.

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