Housing and Regeneration Act 2008

227 Grounds for imposition E+W

(1) The regulator may require a [F1 private 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 [F2 117(1)(b)].

(7) Case 6 is where an offence under this Part has been committed by the registered provider.

[F3 (7A) Case 7 is where the registered provider has failed to comply with—

(a) section 23 of the Welfare Reform and Work Act 2016,

(b) regulations under section 27 of that Act, or

(c) Part 1 of Schedule 2 to that Act.]

(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

F1 Words 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)

F2 Word 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)

F3 S. 227(7A) inserted (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 30(3), 36(5); S.I. 2016/394, reg. 4

Commencement Information

I1 S. 227 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)