C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Penalty
I1230Warning
1
Before giving a penalty notice to a registered provider the regulator must give the provider a notice (a “pre-penalty warning”)—
a
specifying grounds on which the regulator thinks a penalty could be imposed,
b
warning the provider that the regulator is considering imposing a penalty,
c
including any indication that the regulator is able to give of the likely amount of any penalty, and
d
explaining the effect of sections 231, 234(1), (3) and (6) and 235.
2
If the regulator gives a pre-penalty warning it must send a copy to—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2aa
the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and
b
any other persons it thinks appropriate.
3
For the purposes of subsection (2)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-penalty warning is given.
4
A pre-penalty warning must—
a
refer to section 125 (voluntary undertaking), and
b
indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, a penalty.
5
A pre-penalty warning may be combined with notice under one or more of sections 242, 248, 250 and 252.
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)