C1Part 2Regulation of Social Housing
Chapter 6Regulatory powers
Standards
198AF1Failure to meet standard under section 193
1
Failure by a registered provider to meet a standard under section 193 (standards relating to consumers matters) is a ground for exercising a power in this Chapter or Chapter 7.
2
But a power to which this subsection applies may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that—
a
the failure has resulted in a serious detriment to the registered provider's tenants or potential tenants, or
b
there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.
3
Subsection (2) applies to the powers conferred by any of the following—
a
section 199 (surveys);
b
section 201 (inspections);
c
section 206 (inquiries);
d
section 220 (enforcement notices);
e
section 227 (penalties);
f
section 237 (compensation);
g
section 247 (management tender);
h
section 251 (appointment of manager).
4
The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 193 is a ground for exercising a power in this Chapter.
5
But a power in this Chapter may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that, if the failure occurs—
a
the failure will result in a serious detriment to the registered provider's tenants or potential tenants, or
b
there will be a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.
6
In considering whether to exercise a power within subsection (1) or (4) on the ground mentioned in that subsection, the regulator must have regard to any information it has received from any of the following—
a
the Commission for Local Administration in England;
b
a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996;
c
any body appearing to the regulator to represent the interests of tenants of social housing in England;
d
a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly or a parish council;
e
a member of any of the bodies listed in paragraph (d);
f
the Greater London Authority;
g
a Member of Parliament;
h
a fire and rescue authority under the Fire and Rescue Services Act 2004;
i
the Health and Safety Executive;
j
the Secretary of State.
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)