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Housing and Regeneration Act 2008
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Changes over time for: Section 248
Version Superseded: 01/04/2012
Alternative versions:
- 01/04/2010- Amendment
- 01/07/2011
Point in time - 01/04/2012- Amendment
- 01/10/2018- Amendment
- 20/09/2023- Amendment
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Point in time view as at 01/07/2011. This version of this provision has been superseded.
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Housing and Regeneration Act 2008, Section 248 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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248Section 247: supplementalE+W
This section has no associated Explanatory Notes
(1)Before acting under section 247(2) the regulator must give the registered provider a notice—
(a)specifying grounds on which action might be taken under that section,
(b)warning the provider that the regulator is considering action under that section, and
(c)explaining the effect of this section.
(2)The notice must specify a period during which the registered provider may make representations to the regulator.
(3)The period must—
(a)be a period of at least 28 days, and
(b)begin with the date on which the registered provider receives the notice.
(4)The regulator must send a copy of a notice under subsection (1) to—
(a)the HCA, F1...
[F2(b)the Secretary of State (if the notice is given to a local authority), and
(c)any other persons the regulator thinks appropriate.]
(5)A notice under subsection (1) 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, action under section 247(2).
(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.
(7)In imposing a requirement the regulator must have regard to views of—
(a)relevant tenants,
(b)the registered provider,
(c)the HCA, F3...
[F4(d)the Secretary of State (if the registered provider is a local authority), and
(e)if the regulator thinks it appropriate, any relevant local housing authority.]
[F5(8)If the regulator imposes a requirement it must send a copy—
(a)to the HCA, and
(b)in the case of a requirement imposed on a local authority, to the Secretary of State.]
(9)A registered provider may appeal to the High Court against a requirement under section 247(2).
Textual Amendments
F1Word in s. 248(4)(a) omitted (1.4.2010) by virtue of The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 65(2)(a)
F2S. 248(4)(b)(c) substituted for s. 248(4)(b) (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 65(2)(b)
F3Word in s. 248(7)(c) omitted (1.4.2010) by virtue of The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 65(3)(a)
F4S. 248(7)(d)(e) substituted for s. 248(7)(d) (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 65(3)(b)
F5S. 248(8) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 65(4)
Commencement Information
I1S. 248 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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