|
| |
| |
| |
(1) | An authorised person carrying out a survey, or seeking to enter premises in |
| |
order to carry out a survey, must produce a copy of the authorisation on |
| |
| |
(2) | The regulator may require the registered provider to pay some or all of the |
| 5 |
costs of the survey and report. |
| |
(3) | A registered provider who fails without reasonable excuse to comply with |
| |
section 186(6) commits an offence. |
| |
(4) | A registered provider, or an officer of a registered provider, who obstructs an |
| |
authorised person in exercising a power under section 186 commits an offence. |
| 10 |
(5) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(6) | Proceedings for an offence under this section may be brought only by or with |
| |
| |
| 15 |
(b) | the Director of Public Prosecutions. |
| |
| |
(1) | The regulator may arrange for an inspector to inspect— |
| |
(a) | a registered provider’s performance of its functions in relation to the |
| |
provision of social housing, or |
| 20 |
(b) | the financial or other affairs of a registered provider. |
| |
(2) | “Inspector” means one or more members of the regulator’s staff, or other |
| |
persons, authorised in writing by the regulator for the purposes of conducting |
| |
| |
(3) | After carrying out an inspection an inspector must produce a written report. |
| 25 |
| |
(a) | must give the registered provider a copy of the report, and |
| |
(b) | may publish the report and related information. |
| |
(5) | An inspection may be general or specific. |
| |
(6) | The Secretary of State may by order authorise the regulator to charge fees for |
| 30 |
| |
(7) | An inspected registered provider must pay any fee charged. |
| |
(8) | Before making an order the Secretary of State shall consult— |
| |
| |
(b) | one or more bodies appearing to the Secretary of State to represent the |
| 35 |
interests of registered providers, |
| |
(c) | the Audit Commission for Local Authorities and the National Health |
| |
| |
(d) | such other persons as the Secretary of State thinks appropriate. |
| |
(9) | The regulator shall prescribe a scale of fees for inspections, having consulted— |
| 40 |
(a) | the Secretary of State, and |
| |
| |
| |
|
| |
| |
(b) | one or more bodies appearing to the regulator to represent the interests |
| |
| |
| |
(1) | An inspector appointed under section 188 may by notice require a person to |
| |
provide specified documents or information. |
| 5 |
(2) | The power under subsection (1) may be exercised only in relation to documents |
| |
and information of a kind in respect of which the regulator can impose a |
| |
requirement under section 108. |
| |
(3) | Sections 108(3) to (7) and 109 apply for the purposes of subsection (1) (with any |
| |
necessary modifications). |
| 10 |
(4) | An inspector may at any reasonable time— |
| |
(a) | enter premises occupied by the registered provider which is being |
| |
| |
(b) | inspect, copy or take away documents found there. |
| |
(5) | An inspector may require any person on the premises to provide such facilities |
| 15 |
or assistance as the inspector reasonably requests. |
| |
(6) | It is an offence for a person without reasonable excuse to obstruct an inspector |
| |
exercising the powers conferred by subsection (4) or (5). |
| |
(7) | A person guilty of an offence is liable on summary conviction to a fine not |
| |
exceeding level 3 on the standard scale. |
| 20 |
(8) | Proceedings for an offence may be brought only by or with the consent of— |
| |
| |
(b) | the Director of Public Prosecutions. |
| |
190 | Performance information |
| |
(1) | The regulator may require a registered provider— |
| 25 |
(a) | to prepare an annual report assessing the provider’s performance by |
| |
reference to standards under section 180 or 181, and |
| |
(b) | to send the report to the regulator within a specified period. |
| |
(2) | A requirement may specify matters to be covered by a report. |
| |
(3) | Failure to comply with a requirement without reasonable excuse is an offence. |
| 30 |
(4) | A person guilty of an offence is liable on summary conviction to a fine not |
| |
exceeding level 5 on the standard scale. |
| |
(5) | Proceedings for an offence may be brought only by or with the consent of— |
| |
| |
(b) | the Director of Public Prosecutions. |
| 35 |
191 | Publication of performance information |
| |
(1) | The regulator shall publish, at least once a year, information about the |
| |
performance of registered providers. |
| |
(2) | In particular, the regulator shall include information likely to be useful to— |
| |
| |
| |
|
| |
| |
| |
(b) | potential tenants, and |
| |
| |
| |
(1) | If the regulator suspects that the affairs of a registered provider may have been |
| 5 |
mismanaged, the regulator may hold an inquiry. |
| |
(2) | The regulator shall appoint one or more individuals to conduct the inquiry. |
| |
(3) | The individual conducting the inquiry, or at least one of them, must be |
| |
independent of the regulator. |
| |
(4) | Individuals are independent of the regulator if they and the members of their |
| 10 |
| |
(a) | are not members or employees of the regulator, and |
| |
(b) | have not been members or employees of the regulator within the |
| |
| |
193 | Inquiry: supplemental |
| 15 |
(1) | The individual or individuals conducting an inquiry (“the inquirer”) shall |
| |
| |
(2) | The inquirer may consider affairs of a body which at the material time was a |
| |
subsidiary or associate of the registered provider. |
| |
(3) | The inquirer may make interim reports. |
| 20 |
(4) | The inquirer shall make a final report on matters specified by the regulator. |
| |
(5) | The regulator may arrange for the publication of all or part of an interim or |
| |
| |
(6) | A local authority may contribute to the regulator’s expenses in connection with |
| |
| 25 |
| |
(1) | The inquirer may by notice require a person to provide specified documents or |
| |
| |
(2) | The notice may, in particular, require evidence to be given on oath (and the |
| |
inquirer may administer oaths for that purpose). |
| 30 |
(3) | The power under subsection (1) may be exercised only in relation to documents |
| |
and information of a kind in respect of which the regulator can impose a |
| |
requirement under section 108. |
| |
(4) | Sections 108(3) to (7) and 109 apply for the purposes of this section (with any |
| |
necessary modifications). |
| 35 |
| |
(1) | An inquiry may be held in relation to a registered charity only if it has received |
| |
| |
| |
| |
|
| |
| |
(2) | An inquiry in relation to a registered charity may only relate to its activities |
| |
| |
(3) | If an inquiry is held in relation to a registered charity the regulator shall notify |
| |
| |
| 5 |
(1) | Where an inquiry in respect of a registered provider is being held, or has been |
| |
held, under section 192, the regulator may require the registered provider to |
| |
allow its accounts and balance sheet to be audited by a qualified auditor |
| |
appointed by the regulator. |
| |
(2) | “Qualified auditor” means a person eligible for appointment as auditor of the |
| 10 |
registered provider’s ordinary accounts. |
| |
(3) | On completion of the audit, the auditor shall report to the regulator about such |
| |
matters and in such form as the regulator determines. |
| |
(4) | The revenue accounts of a registered charity may be audited under this section |
| |
only insofar as they relate to its housing activities. |
| 15 |
(5) | The registered provider shall pay the costs of the audit (including the auditor’s |
| |
| |
Management and constitution |
| |
197 | Non-profit providers only |
| |
This group of sections applies only to non-profit registered providers. |
| 20 |
198 | Industrial and provident society: change of rules |
| |
(1) | This section applies to an industrial and provident society. |
| |
(2) | The society must notify the regulator if it changes its— |
| |
| |
| 25 |
(3) | Any other amendment of the society’s rules is effective only if the regulator has |
| |
| |
(4) | The requirement in section 10(1) of the Industrial and Provident Societies Act |
| |
1965 (c. 12) (sending copies of amendment of rules to FSA) is satisfied only if |
| |
the copies are accompanied by a copy of the regulator’s consent. |
| 30 |
(5) | This section shall be treated as if it formed part of that Act as well as of this Act. |
| |
199 | Charity: change of objects |
| |
(1) | This section applies to a registered charity which is not a registered company. |
| |
(2) | An amendment of the charity’s objects is effective only if the Charity |
| |
Commission has first consented. |
| 35 |
(3) | Before giving consent the Charity Commission must consult the regulator. |
| |
| |
| |
|
