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.