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Housing and Regeneration Act 2008

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Version Superseded: 20/09/2023

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250Section 249: supplementalE+W
This section has no associated Explanatory Notes

(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—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(za)the HCA,]

[F3(aa)in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,]

[F4(b)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,

[F5(ba)the HCA,]

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(ca)if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,]

[F8(d)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.]

[F9(8)If the regulator imposes a requirement it must send a copy—

F10( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(za)the HCA,]

[F12(aa)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).

Textual Amendments

Commencement Information

I1S. 250 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

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