Search Legislation

Housing and Regeneration Act 2008

Section 220 - Grounds for giving notice

647.This section specifies the grounds on which the regulator may give an enforcement notice. Subsection (1) specifies that the regulator must be satisfied that one of the grounds for issuing an enforcement notice applies and that an enforcement notice is the appropriate intervention power to use, whether alone or as a potential precursor to further action. As the regulator must be satisfied that there are grounds to use an enforcement notice, it will have to have established the facts to a degree that justifies it directing a registered provider to act in a specified way.

648.Subsections (2) to (11) specify the cases where an enforcement notice is applicable as required by subsection (1)(a) as follows:

  • that a registered provider has failed to meet a standard established by the regulator under sections 193 or 194

  • that the affairs of a registered provider have been mismanaged

  • that the registered provider has failed to comply with an earlier enforcement notice

  • that the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3)

  • that it is required to protect the interests of tenants,

  • that it is necessary to protect the assets of a registered provider,

  • that a registered provider has failed to comply with an undertaking that it has given to the regulator as provided for in section 125,

  • that the registered provider has failed to pay an annual fee under section 117(2),

  • that an offence under this Part has been committed by a registered provider

  • that a registered provider has failed to comply with an order made by an ombudsman appointed by virtue of section 124.

649.Subsection (12) provides that where the regulator is satisfied that an offence has been committed in respect of a registered provider by an individual (e.g. a member of staff), the regulator may serve an enforcement notice on the individual rather than the provider and, in such cases, references in this Part of the Act to registered provider can be read as references to that person.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.