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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10za
the HCA,
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,
F11ba
the HCA,
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12za
the HCA,
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).
F1310
An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider 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)