Housing and Regeneration Act 2008

259Suspension during inquiryE+W
This section has no associated Explanatory Notes

(1)The regulator may make an order under this section if—

(a)an inquiry under section 206 is in progress in respect of a [F1private] registered provider, and

(b)[F2any] of the following cases applies.

(2)Case 1 applies if the regulator [F3is satisfied]—

(a)that the affairs of the registered provider have been mismanaged, and

(b)that the interests of tenants of the registered provider, or its assets, require protection.

(3)Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied [F4that—

(a)the affairs of the registered provider have been mismanaged, or

(b)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

[F5(3A)Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.]

[F6(4)The regulator may by order—

(a)where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or

(b)where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.]

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.

(7)But the regulator may revoke an order before the end of that period.

[F8(7A)If the regulator makes an order, the regulator must—

(a)take all reasonable steps to notify the person suspended, and

(b)notify the registered provider.]

(8)The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.

Textual Amendments

Commencement Information

I1S. 259 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)