C1Part 2Regulation of Social Housing
Chapter 7Enforcement powers
F1Censure of local authority employees
Ss. 269A, 269B and cross-heading 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. 74
269ALocal authorities: censure during or following inquiry
1
The regulator may give a censure notice to a local authority if—
a
an inquiry under section 206 is in progress in respect of the authority, and
b
either of the following cases applies.
2
Case 1 applies if the regulator F4is satisfied—
a
that the affairs of the authority have been mismanaged, and
b
that the interests of tenants of the authority, 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 F2that—
a
the affairs of the authority have been mismanaged, or
b
the authority has failed to meet a standard under section 193, 194 or 194C.
4
The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied F3that—
a
the affairs of the authority have been mismanaged, or
b
the authority has failed to meet a standard under section 193, 194 or 194C.
5
A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.
6
The notice must include the regulator’s reasons.
7
The regulator shall send a copy of the notice to the employee or agent concerned.
8
No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).
9
Members of local authorities may not be identified in censure notices.
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)