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Modifications etc. (not altering text)
C1Pt. 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. 9 11 14 15 17)
(1)This section applies to a registered provider which is a local authority.
(2)The power in subsection (3) is exercisable if the regulator [F2is satisfied]—
(a)that it is necessary to exercise it for the proper management of the authority’s affairs so far as they relate to the provision of social housing (its “social housing affairs”), F3...
(b)that it is desirable to exercise it in the interests of securing better services for the authority’s tenants,
[F4(c)that the authority—
(i)does not have a health and safety lead designated under section 126A, or
(ii)has failed to meet a requirement under section 126C(1),
(d)that the functions of the health and safety lead are not being carried out],
[F5(e)that the authority has failed to meet a standard under section 193, 194 or 194C] [F6, or
(f)that the authority has failed to comply with a performance improvement plan notice.]
(3)The regulator may—
(a)appoint one or more advisers to assist the authority in relation to its social housing affairs (or a particular aspect of those affairs), or
(b)require the authority to appoint one or more advisers for that purpose.
(4)Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.
(5)A requirement under subsection (3)(b) may specify a process which the authority is required to implement for selecting and appointing advisers.
(6)The authority must cooperate with any advisers appointed by virtue of this section.]
Textual Amendments
F1S. 252A inserted (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. 70
F2Words in s. 252A(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 10(a); S.I. 2024/437, reg. 2(y) (with reg. 5(2))
F3Word in s. 252A(2)(a) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 10(7)(a), 46(3); S.I. 2024/437, reg. 2(d)
F4S. 252A(2)(c)(d) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 10(7)(b), 46(3); S.I. 2024/437, reg. 2(d)
F5S. 252A(2)(e) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 10(b); S.I. 2024/437, reg. 2(y)
F6S. 252A(2)(f) and word inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 31(8), 46(3); S.I. 2024/437, reg. 2(r)