|
| |
| |
(2) | The regulator may for that purpose— |
| |
(a) | arrange for another person to do anything within subsection (1)(a) to |
| |
| |
(b) | act jointly with, cooperate with or assist another person doing anything |
| |
within subsection (1)(a) to (c). |
| 5 |
(3) | The persons to whom advice may be given under subsection (1) include— |
| |
(a) | unregistered housing associations (as defined by section 2B of the |
| |
Housing Associations Act 1985 (c. 69)), and |
| |
(b) | persons who may be forming a housing association (within the |
| |
meaning of section 1(1) of that Act). |
| 10 |
| |
| |
(1) | The regulator may pay to or in respect of appointed members— |
| |
| |
(b) | travelling and other allowances, and |
| 15 |
(c) | sums by way of or in respect of pensions and gratuities. |
| |
(2) | The Secretary of State shall determine rates and eligibility criteria for payments |
| |
| |
(3) | If the Secretary of State thinks there are special circumstances that make it right |
| |
to compensate a person on ceasing to be an appointed member, the regulator |
| 20 |
may pay compensation determined by the Secretary of State. |
| |
(4) | The regulator may pay to or in respect of employees — |
| |
| |
(b) | travelling and other allowances, and |
| |
(c) | sums by way of or in respect of pensions and gratuities. |
| 25 |
(5) | In this section a reference to a member or employee includes a reference to a |
| |
former member or employee. |
| |
| |
The regulator may charge for giving advice, conducting research or providing |
| |
| 30 |
102 | Assistance by Secretary of State |
| |
(1) | The Secretary of State may make payments to the regulator by way of grant or |
| |
| |
(2) | A grant or loan may be subject to conditions (which may include provision for |
| |
repayment, with or without interest). |
| 35 |
| |
(1) | The regulator may borrow— |
| |
(a) | by way of overdraft or otherwise, for the purpose of what it considers |
| |
to be short-term management of its finances, or |
| |
| |
| |
|
| |
| |
(b) | from the Secretary of State. |
| |
(2) | The regulator may not borrow otherwise. |
| |
| |
(1) | The regulator shall keep accounts (and records of its accounts). |
| |
(2) | As soon as is reasonably practicable after the end of each financial year the |
| 5 |
regulator shall prepare a statement of accounts in respect of that financial year. |
| |
(3) | The statement must be in such form as the Secretary of State may direct. |
| |
(4) | The regulator shall, within such period as the Secretary of State may direct, |
| |
send a copy of the statement to— |
| |
(a) | the Secretary of State, and |
| 10 |
(b) | the Comptroller and Auditor General. |
| |
(5) | The Comptroller and Auditor General shall— |
| |
(a) | examine, certify and report on the statement, and |
| |
(b) | lay a copy of the report before Parliament. |
| |
| 15 |
(1) | The regulator’s financial year is each period of 12 months beginning with 1st |
| |
| |
(2) | But the first financial year is the period— |
| |
(a) | beginning with the day on which section 82 comes into force, and |
| |
(b) | ending with the next 31st March. |
| 20 |
Relationship with other bodies |
| |
106 | Cooperation with the HCA |
| |
(1) | The regulator shall cooperate with the HCA. |
| |
(2) | In particular, the regulator shall consult the HCA on matters likely to interest |
| |
| 25 |
| |
(1) | The regulator may direct the HCA not to give financial assistance to a specified |
| |
| |
(a) | under section 22, and |
| |
(b) | in connection with social housing. |
| 30 |
(2) | A direction may be given if— |
| |
(a) | the regulator has decided to hold an inquiry into affairs of the |
| |
registered provider under section 192 (and the inquiry is not |
| |
| |
(b) | the regulator has received notice in respect of the registered provider |
| 35 |
| |
(c) | the regulator has appointed an officer of the registered provider under |
| |
section 255 (and the person appointed has not vacated office). |
| |
| |
| |
|
| |
| |
(3) | A direction may prohibit the HCA from giving assistance of a specified kind |
| |
(whether or not in pursuance of a decision already taken and communicated to |
| |
the registered provider). |
| |
(4) | A direction may not prohibit grants to a registered provider in respect of |
| |
discounts given by the provider on disposals of dwellings to tenants. |
| 5 |
(5) | A direction shall have effect until withdrawn. |
| |
| |
| |
(1) | The regulator may for a purpose connected with its functions require a person |
| |
to provide documents or information which it has reason to believe is or may |
| 10 |
be in the person’s possession and which relates to— |
| |
(a) | the financial or other affairs of a registered provider; |
| |
(b) | activities which are or may be carried out by a person who is, or who |
| |
has applied to become, a registered provider. |
| |
(2) | A requirement may be imposed on a person other than the body to which the |
| 15 |
document or information relates only if— |
| |
(a) | the body has been required to provide the document or information but |
| |
| |
(b) | the regulator thinks that the body is unable to provide it. |
| |
(3) | A requirement may specify— |
| 20 |
(a) | the form and manner in which a document or information is to be |
| |
provided (which may include the provision of a legible copy of |
| |
information stored electronically); |
| |
(b) | when and where it is to be provided. |
| |
(4) | The regulator may copy or record documents or information provided. |
| 25 |
(5) | Failure to comply with a requirement without reasonable excuse is an offence. |
| |
(6) | Intentionally altering, suppressing or destroying a document or information to |
| |
which a requirement relates is an offence. |
| |
(7) | If a person fails to comply with a requirement the High Court may, on an |
| |
application by the regulator, make an order for the purpose of remedying the |
| 30 |
| |
109 | Section 108: supplemental |
| |
(1) | A requirement does not require a person to disclose anything which the person |
| |
would be entitled to refuse to disclose on grounds of legal professional |
| |
privilege in proceedings in the High Court. |
| 35 |
(2) | A requirement does not require a banker to breach a duty of confidentiality |
| |
owed to a person who is not— |
| |
(a) | the registered provider to whose affairs or activities the documents or |
| |
| |
(b) | a subsidiary of the registered provider, or |
| 40 |
(c) | an associate of the registered provider. |
| |
| |
| |
|
| |
| |
(3) | A person guilty of an offence under section 108(5) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(4) | A person guilty of an offence under section 108(6) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| 5 |
(b) | on conviction on indictment, to— |
| |
(i) | imprisonment for a term not exceeding two years, |
| |
| |
| |
(5) | Proceedings for an offence under section 108(5) or (6) may be brought only by |
| 10 |
| |
| |
(b) | the Director of Public Prosecutions. |
| |
(6) | An order under section 108(7) may include provision about costs. |
| |
| 15 |
(1) | A public authority may disclose information to the regulator for a purpose |
| |
connected with the regulator’s functions. |
| |
(2) | The regulator may disclose information to a public authority— |
| |
(a) | for a purpose connected with the regulator’s functions, or |
| |
(b) | for a purpose connected with the authority’s functions. |
| 20 |
(3) | The regulator may disclose information to a person acting on its behalf for a |
| |
purpose connected with the regulator’s functions. |
| |
(4) | A disclosure may be subject to restrictions on further disclosure. |
| |
(5) | The power to disclose information under this section is subject to any express |
| |
restriction on disclosure imposed by another enactment (ignoring any |
| 25 |
restriction which allows disclosure if authorised by an enactment). |
| |
(6) | Disclosure in contravention of a restriction under subsection (4) is an offence. |
| |
(7) | A person guilty of an offence is liable on summary conviction to a fine not |
| |
exceeding level 3 on the standard scale. |
| |
(8) | “Public authority” means a person having functions of a public nature |
| 30 |
(whether or not in the United Kingdom). |
| |
| |
| |
| |
| 35 |
This Chapter provides for the establishment of a register of providers of social |
| |
| |
| |
| |
|
