C1Part 2Regulation of Social Housing

Annotations:
Modifications etc. (not altering text)

Chapter 7Enforcement powers

Penalty

I1227Grounds for imposition

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 F5193, 194 or 194C.

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.

F47A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37C

Case 9 is where the registered provider has failed to comply with directions or a request under section 198C.

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.