Version Superseded: 01/04/2024
Point in time view as at 03/08/2012. This version of this provision has been superseded.
Housing and Regeneration Act 2008, Section 218 is up to date with all changes known to be in force on or before 06 March 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.
(1)[F1Subsection (2)] applies where the regulator is deciding—
(a)whether to exercise a power under this Chapter,
(b)which power under this Chapter to exercise, or
(c)how to exercise a power under this Chapter.
(2)The regulator shall consider—
(a)the desirability of registered providers being free to choose how to provide services and conduct business;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the speed with which the failure or other problem needs to be addressed.
[F3(3)Subsection (4) applies where the regulator is making a decision in relation to—
(a)the exercise, on a ground other than one specified in section 198A(1) (failure to meet standard under section 193), of a power under this Chapter that is listed in section 198A(3), or
(b)the exercise of a power under this Chapter that is not listed in section 198A(3).
(4)The regulator shall consider—
(a)whether the failure or other problem concerned is serious or trivial;
(b)whether the failure or other problem is a recurrent or isolated incident.]
Textual Amendments
F1Words in s. 218(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F2S. 218(2)(b)(c) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(3), Sch. 25 Pt. 27; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F3S. 218(3)(4) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(4); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
Commencement Information
I1S. 218 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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