The Regulator of Social Housing

I13Collection of information

I21

The Housing and Regeneration Act 2008 is amended as follows.

2

In section 107 (collection)—

a

for subsection (1) substitute—

1

The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.

b

omit subsection (2);

c

before subsection (3), insert—

2A

A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.

d

in subsection (3)—

i

in the opening words, after “requirement” insert “under subsection (1)”;

ii

in paragraph (a), for “document or information” substitute “document, information or an explanation”;

e

in subsection (4), for “documents or information” substitute “documents, information or explanations”;

f

after subsection (4) insert—

4A

The regulator may in writing authorise a person to exercise any of its powers under this section.

4B

An authorisation—

a

must specify the extent to which the person is authorised to exercise the powers, and

b

may provide that the person is to be authorised for a particular period.

g

in subsection (5), after “requirement” insert “under subsection (1)”;

h

in subsection (6), for “to which a requirement relates” substitute “required under subsection (1)”;

i

after subsection (6) insert—

6A

Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.

j

in subsection (7), after “requirement” insert “under subsection (1)”.

I33

In section 108 (section 107: supplemental)—

a

in subsection (1), after “requirement” insert “under section 107(1)”;

b

for subsection (2) substitute—

2

A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—

a

a registered provider,

b

a subsidiary of a registered provider,

c

an associate of a registered provider, or

d

a person who is certified in writing by the regulator as being—

i

a person who has applied to be entered in the register of providers of social housing, or

ii

a local authority which the regulator thinks may be, or may become, a provider of social housing.

I4c

in subsection (3), omit the words from “not” to the end;

d

in subsection (4)—

i

in the words before paragraph (a), after “107(6)” insert “or (6A)”;

I4ii

in paragraph (a) omit the words from “not” to the end;

e

in subsection (5), for “or (6)” substitute “, (6) or (6A)”.