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173 | Provision of social housing |
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(1) | The regulator may set standards for registered providers as to— |
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(a) | the nature and extent of the social housing to be provided by them, and |
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(b) | the nature, extent and quality of accommodation, facilities or services |
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provided by them in connection with social housing. |
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(2) | Standards under subsection (1) may, in particular, require registered providers |
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to comply with specified rules about— |
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(a) | the nature of the housing demands to be addressed, |
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(b) | the extent to which demand is to be supplied, |
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(c) | criteria for allocating accommodation, |
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(e) | levels of rent (and the rules may, in particular, include provision for |
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minimum or maximum levels of rent or levels of increase or decrease of |
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(g) | procedures for addressing complaints by tenants against landlords, |
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(h) | methods for consulting and informing tenants, |
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(i) | methods of enabling tenants to influence or control the management of |
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their accommodation and environment, |
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(j) | anti-social behaviour, |
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(k) | landlords’ contribution to the environmental, social and economic |
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well-being of the areas in which their property is situated, and |
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The regulator may set standards for registered non-profit providers in matters |
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relating to the management of their financial and other affairs. |
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(1) | The regulator may issue a code of practice which— |
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(a) | relates to a matter addressed by a standard, and |
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(b) | amplifies the standard. |
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(2) | In considering whether standards have been met the regulator may have |
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regard to a code of practice. |
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(3) | The regulator may revise or withdraw a code of practice. |
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(4) | The regulator shall make arrangements for bringing a code of practice to the |
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attention of registered providers. |
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Before setting standards the regulator shall consult the following or ensure that |
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they have been consulted— |
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(a) | one or more bodies appearing to it to represent the interests of |
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(b) | one or more bodies appearing to it to represent the interests of tenants |
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(d) | the Secretary of State. |
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177 | Direction by Secretary of State |
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(1) | The Secretary of State may direct the regulator— |
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(a) | to set a standard under section 173, or |
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(b) | about the content of standards under section 173. |
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(2) | Before giving a direction the Secretary of State must consult— |
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(c) | one or more bodies appearing to the Secretary of State to represent the |
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interests of tenants of social housing, and |
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(d) | one or more bodies appearing to the Secretary of State to represent the |
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interests of registered providers. |
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(3) | The regulator shall comply with any direction. |
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(4) | The Secretary of State shall publish each direction. |
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(5) | The requirement to consult under section 176 does not apply if and in so far as |
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the regulator is complying with a direction. |
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(1) | Failure to meet a standard is a ground for exercising a power in this Chapter or |
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(2) | The regulator shall make arrangements for bringing standards to the attention |
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(3) | The regulator may revise or withdraw standards; and section 176 applies to |
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revising or withdrawing standards as to setting standards. |
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(a) | may make provision generally or only in relation to specified cases, |
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circumstances or areas, and |
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(b) | may make different provision for different cases, circumstances or |
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(1) | This section applies where the regulator suspects that a registered provider |
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may be failing to maintain premises in accordance with standards under |
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(2) | The regulator may arrange for a survey of the condition of the premises by an |
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(3) | In subsection (2) “authorised person” means a member of the regulator’s staff, |
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or another person, authorised in writing by the regulator for the purposes of |
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(4) | An authorised person may enter the premises at any reasonable time and carry |
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(5) | Before carrying out the survey an authorised person must give the registered |
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provider at least 28 days’ notice. |
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(6) | A registered provider who receives notice of a survey must give each occupier |
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of the premises at least 7 days’ notice. |
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(7) | After carrying out a survey an authorised person must produce a written |
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(8) | The regulator must give the registered provider a copy of the report. |
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(1) | An authorised person carrying out a survey, or seeking to enter premises in |
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order to carry out a survey, must produce a copy of the authorisation on |
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(2) | The regulator may require the registered provider to pay some or all of the |
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costs of the survey and report. |
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(3) | A registered provider who fails without reasonable excuse to comply with |
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section 179(6) commits an offence. |
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(4) | A registered provider, or an officer of a registered provider, who obstructs an |
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authorised person in exercising a power under section 179 commits an offence. |
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(5) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(1) | The regulator may inspect a registered provider’s performance of its functions |
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in relation to the provision of social housing. |
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(2) | An inspection may be general or specific. |
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(3) | After carrying out an inspection the regulator— |
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(a) | must prepare a report of an inspection, |
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(b) | must send a copy to the registered provider, and |
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(c) | may publish the report and related information. |
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(4) | The Secretary of State may by order authorise the regulator to charge fees for |
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(5) | An inspected registered provider must pay any fee charged. |
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(6) | Before making an order the Secretary of State shall consult— |
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(b) | one or more bodies appearing to the Secretary of State to represent the |
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interests of registered providers. |
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(7) | The regulator shall prescribe a scale of fees for inspections, having consulted— |
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(a) | the Secretary of State, and |
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(b) | one or more bodies appearing to the regulator to represent the interests |
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182 | Performance information |
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(1) | The regulator may require a registered provider— |
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(a) | to prepare an annual report assessing the provider’s performance by |
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reference to standards under section 173 or 174, and |
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(b) | to send the report to the regulator within a specified period. |
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(2) | A requirement may specify matters to be covered by a report. |
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(3) | Failure to comply with a requirement without reasonable excuse is an offence. |
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(4) | A person guilty of an offence is liable on summary conviction to a fine not |
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exceeding level 5 on the standard scale. |
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(5) | Proceedings for an offence may be brought only by or with the consent of— |
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(b) | the Director of Public Prosecutions. |
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(1) | If the regulator suspects that the affairs of a registered provider in relation to |
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social housing may have been mismanaged, the regulator may hold an inquiry. |
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(2) | The regulator shall appoint one or more individuals to conduct the inquiry. |
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(3) | The individual conducting the inquiry, or at least one of them, must be |
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independent of the regulator. |
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(4) | Individuals are independent of the regulator if they— |
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(a) | are not members or employees of the regulator, and |
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(b) | have not been members or employees of the regulator within the |
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184 | Inquiry: supplemental |
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(1) | The individual or individuals conducting an inquiry (“the inquirer”) shall |
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(2) | The inquirer may consider affairs of a body which at the material time was a |
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subsidiary or associate of the registered provider. |
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(3) | The inquirer may make interim reports. |
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(4) | The inquirer shall make a final report on matters specified by the regulator. |
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(5) | The regulator may publish all or part of an interim or final report. |
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(6) | A local authority may contribute to the regulator’s expenses in connection with |
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