Housing and Regeneration Act 2008

248 Section 247: supplemental

(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, and

(b) any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(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, and

(d) if the regulator thinks it appropriate, any relevant local housing authority.

(8) If the regulator imposes a requirement it must send a copy to the HCA.

(9) A registered provider may appeal to the High Court against a requirement under section 247(2).