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)”
.