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Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 2E+WThe Social Housing Regulator

InformationE+W

107CollectionE+W

[F1(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.]

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(2A)A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.]

(3)A requirement [F4under subsection (1)] may specify—

(a)the form and manner in which a [F5document, information or an explanation] is to be provided (which may include the provision of a legible copy of information stored electronically);

(b)when and where it is to be provided.

(4)The regulator may copy or record [F6documents, information or explanations] provided.

[F7(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.]

(5)Failure to comply with a requirement [F8under subsection (1)] without reasonable excuse is an offence.

(6)Intentionally altering, suppressing or destroying a document or information [F9required under subsection (1)] is an offence.

[F10(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.]

(7)If a person fails to comply with a requirement [F11under subsection (1)] the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.

Textual Amendments

Commencement Information

I1S. 107 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

108Section 107: supplementalE+W

(1)A requirement [F12under section 107(1)] does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

[F13(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.]

(3)A person guilty of an offence under section 107(5) is liable on summary conviction to a fine F14....

(4)A person guilty of an offence under section 107(6) [F15or (6A)] is liable—

(a)on summary conviction, to a fine F16...;

(b)on conviction on indictment, to—

(i)imprisonment for a term not exceeding two years,

(ii)a fine, or

(iii)both.

(5)Proceedings for an offence under section 107(5) [F17, (6) or (6A)] may be brought only by or with the consent of—

(a)the regulator, or

(b)the Director of Public Prosecutions.

(6)An order under section 107(7) may include provision about costs.

Textual Amendments

Commencement Information

I2S. 108 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

109DisclosureE+W

(1)A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.

(2)The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—

(a)for a purpose connected with the regulator's functions, or

(b)for a purpose connected with the authority's functions.

(3)The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.

(4)A disclosure may be subject to restrictions on further disclosure.

(5)The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

(6)Disclosure in contravention of a restriction under subsection (4) is an offence.

(7)A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)“Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).

Commencement Information

I3S. 109 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)