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Housing and Regeneration Act 2008
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Changes over time for: Section 227
Version Superseded: 16/03/2016
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Housing and Regeneration Act 2008, Section 227 is up to date with all changes known to be in force on or before 10 November 2024. 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.
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227Grounds for impositionE+W
This section has no associated Explanatory Notes
(1)The regulator may require a [F1private registered provider] to pay a penalty if the regulator is satisfied that—
(a)any of the following cases applies, and
(b)the imposition of a penalty is appropriate (whether or not as part of a response including other action).
(2)Case 1 is where the registered provider has failed to meet a standard under section 193 or 194.
(3)Case 2 is where the affairs of the registered provider have been mismanaged.
(4)Case 3 is where the registered provider has failed to comply with an enforcement notice.
(5)Case 4 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
(6)Case 5 is where the registered provider has failed to pay an annual fee under section [F2117(1)(b)].
(7)Case 6 is where an offence under this Part has been committed by the registered provider.
(8)Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
(a)Case 6 applies,
(b)the regulator may require the other person to pay a penalty, and
(c)this Chapter applies with the substitution of references to that other person for references to the registered provider.
(9)In order to rely on Case 6 the regulator must be satisfied beyond reasonable doubt that it applies.
Textual Amendments
F1Words in s. 227(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 59(2)
F2Word in s. 227(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 59(3)
Commencement Information
I1S. 227 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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