C1Part 2Regulation of Social Housing

Annotations:
Modifications etc. (not altering text)

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.