Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Compensation
242Warning
1
Before giving a compensation notice to a registered provider the regulator must give the provider a notice (a “pre-compensation warning”)—
a
specifying grounds on which the regulator thinks compensation could be awarded,
b
warning the provider that the regulator is considering awarding compensation to a specified person,
c
including any indication that the regulator is able to give of the likely amount of any compensation, and
d
explaining the effect of sections 243, 244(1) and (3) and 245.
2
Before giving a pre-compensation warning the regulator must consult the person appointed by virtue of section 124 as the ombudsman for the scheme of which the registered provider is a member.
3
If the regulator gives a pre-compensation warning it must send a copy to—
a
the HCA, and
b
any other persons it thinks appropriate.
4
For the purposes of subsection (3)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-compensation warning is given.
5
A pre-compensation 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, awarding compensation.
6
A pre-compensation warning may be combined with notice under one or more of sections 230, 248, 250 and 252.