Search Legislation

Housing and Regeneration Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Restrictions on dealings by ... registered providers

 Help about opening options

Changes to legislation:

Housing and Regeneration Act 2008, Cross Heading: Restrictions on dealings by ... registered providers is up to date with all changes known to be in force on or before 23 February 2025. 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. Help about Changes to Legislation

Restrictions on dealings [F1by F2... registered providers]E+W

256Restrictions on dealings during inquiryE+W

(1)The regulator may make an order under this section if—

(a)an inquiry under section 206 is in progress in respect of a [F3private] registered provider, and

(b)either of the following cases applies.

(2)Case 1 applies if the regulator [F4is 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 [F5that—

(a)the affairs of the registered provider have been mismanaged, or

(b)the registered provider has failed to meet a standard under section 194.]

(4)The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.

(5)The regulator may make an order restricting—

(a)the transactions that may be entered into by the registered provider, or

(b)the nature and amounts of payments that may be made by it.

(6)An order under subsection (5) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.

[F6(6A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]

F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)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.

(9)But the regulator—

(a)may revoke the order before that time;

(b)may by order extend it for a specified period of up to 6 months.

257Restrictions on dealings following inquiryE+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied [F8that—

(a)the affairs of a private registered provider have been mismanaged, or

(b)a private registered provider has failed to meet a standard under section 194.]

(2)The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.

(3)The regulator may make an order restricting—

(a)the transactions that may be entered into by the registered provider, or

(b)the nature and amounts of payments that may be made by it.

(4)An order under subsection (3) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.

[F9(4A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An order under this section has effect until revoked by the regulator.

258Restrictions on dealings: supplementalE+W

(1)Before making an order under section 256 or 257 the regulator must take all reasonable steps to give notice to—

(a)the registered provider, and

(b)in the case of an order under section 256(4) or 257(2), the person to whom the order is directed.

(2)Contravention of an order under section 256(4) or 257(2) is an offence.

(3)A person guilty of an offence is liable on summary conviction to a fine F11....

(4)Proceedings for an offence may be brought only by or with the consent of—

(a)the regulator, or

(b)the Director of Public Prosecutions.

Textual Amendments

Commencement Information

I3S. 258 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?