C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
Management etc.
I1250Section 249: supplemental
1
Before acting under section 249(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—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5aa
in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,
F1b
in the case of a notice given to a local authority, the Secretary of State, and
c
any other persons the regulator 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, and
b
indicate whether or to what extent the regulator would accept a voluntary undertaking under that section instead of, or in mitigation of, action under section 249(2).
6
Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 252.
7
In imposing a requirement the regulator must have regard to views of—
a
relevant tenants,
b
the registered provider,
F6c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7ca
if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,
F2d
if the requirement would be imposed on a local authority, the Secretary of State, and
e
if the regulator thinks it appropriate, any relevant local housing authority.
F38
If the regulator imposes a requirement it must send a copy—
F9 a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8aa
in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, 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 249(2).
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)