Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 7 — Enforcement powers
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230
Representations
(1)
A pre-compensation warning must specify a period during which the
registered provider may make representations to the regulator.
(2)
The period must—
(a)
be a period of at least 28 days, and
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(b)
begin with the date on which the registered provider receives the pre-
compensation warning.
(3)
Representations may address—
(a)
whether compensation should be awarded;
(b)
the amount of any compensation that may be awarded.
10
(4)
After the end of the period specified under subsection (1) the regulator shall—
(a)
consider any representations made, and
(b)
decide whether to award compensation.
231
Enforcement
(1)
Compensation shall be treated as a debt owed to the person to whom it is
15
awarded.
(2)
The Treasury may make regulations authorising the regulator—
(a)
to award interest on compensation not paid during the period specified
under section 227(2)(e);
(b)
to award additional compensation where compensation is not paid
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during that period.
(3)
Interest and additional compensation shall be treated as compensation.
(4)
Regulations under subsection (2)(a) may provide for an interest rate to be—
(a)
set by a specified person, or
(b)
determined in accordance with the regulations.
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232
Appeal
A registered provider who is given a compensation notice may appeal to the
High Court against—
(a)
the award of compensation,
(b)
its amount, or
30
(c)
both.
Management etc.
233
Overview
This group of sections gives the regulator various powers in relation to the
management and constitution of registered providers.
35
234
Management tender
(1)
This section applies if the regulator is satisfied that—

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Part 2 — Regulation of Social Housing
Chapter 7 — Enforcement powers
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(a)
a registered provider has failed to meet a standard under section 180 or
181, or
(b)
the affairs of a registered provider have been mismanaged in relation
to social housing.
(2)
The regulator may require the registered provider to implement a process
5
specified by the regulator for the purpose of—
(a)
inviting persons to apply to undertake management functions of the
registered provider, and
(b)
selecting from the applications and making an appointment.
(3)
A requirement may relate to—
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(a)
the registered provider’s affairs generally in so far as they relate to
social housing, or
(b)
specified affairs relating to social housing.
(4)
A requirement must include—
(a)
provision about the constitution of a selection panel (which must
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include provision for ensuring representation of tenants’ interests),
(b)
provision for ensuring best procurement practice, and
(c)
provision about the terms and conditions on which the manager is to be
appointed (including provision about—
(i)
setting, monitoring and enforcing performance standards, and
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(ii)
resources).
235
Section 234: supplemental
(1)
Before acting under section 234(2) the regulator must give the registered
provider a notice—
(a)
specifying grounds on which action might be taken under that section,
25
(b)
warning the provider that the regulator is considering action under that
section, and
(c)
explaining the effect of this section.
(2)
The provisions of section 208 apply to a notice under subsection (1) above as to
a pre-enforcement warning (with any necessary modifications).
30
(3)
The regulator must send a copy of a notice under subsection (1) to—
(a)
the HCA, and
(b)
any other persons it thinks appropriate (having regard, in particular, to
any person who provided information as a result of which the notice is
given).
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(4)
A notice under subsection (1) must—
(a)
refer to section 125 (voluntary undertaking), and
(b)
indicate whether or to what extent the regulator would accept a
voluntary undertaking instead of, or in mitigation of, action under
section 234(2).
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(5)
Notice under subsection (1) may be combined with notice under one or more
of sections 207, 217, 229, 237 and 239.
(6)
In imposing a requirement the regulator must have regard to views of—
(a)
relevant tenants,

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Part 2 — Regulation of Social Housing
Chapter 7 — Enforcement powers
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(b)
the registered provider,
(c)
the HCA, and
(d)
if the regulator thinks it appropriate, any relevant local housing
authority.
(7)
If the regulator imposes a requirement it must send a copy to the HCA.
5
(8)
A registered provider may appeal to the High Court against a requirement
under section 234(2).
236
Management transfer
(1)
This section applies if as a result of an inquiry under section 192 or an audit
under section 196 the regulator is satisfied that—
10
(a)
a registered provider has failed to meet a standard under section 180 or
181,
(b)
the affairs of a registered provider have been mismanaged in relation
to social housing, or
(c)
a transfer of certain of a registered provider’s management functions
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would be likely to improve the management of some or all of its social
housing.
(2)
The regulator may require the registered provider to transfer management
functions to a specified person.
(3)
A requirement may relate to—
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(a)
the registered provider’s affairs generally in so far as they relate to
social housing, or
(b)
specified affairs relating to social housing.
(4)
Transfer shall be on terms and conditions (including as to remuneration)
specified in, or determined in accordance with, the requirement.
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(5)
A transferee manager shall have—
(a)
any power specified in the requirement, and
(b)
any other power in relation to the registered provider’s affairs required
by the manager for the purposes specified in the requirement
(including the power to enter into agreements and take other action on
30
behalf of the registered provider).
237
Section 236: supplemental
(1)
Before acting under section 236(2) the regulator must give the registered
provider a notice—
(a)
specifying grounds on which action might be taken under that section,
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(b)
warning the provider that the regulator is considering action under that
section, and
(c)
explaining the effect of this section.
(2)
The provisions of section 208 apply to a notice under subsection (1) above as to
a pre-enforcement notice (with any necessary modifications).
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(3)
The regulator must send a copy of a notice under subsection (1) to—
(a)
the HCA, and

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(b)
any other persons it thinks appropriate (having regard, in particular, to
any person who provided information as a result of which the notice is
given).
(4)
A notice under subsection (1) must—
(a)
refer to section 125, and
5
(b)
indicate whether or to what extent the regulator would accept a
voluntary undertaking under that section instead of, or in mitigation of,
action under section 236(2).
(5)
Notice under subsection (1) may be combined with notice under one or more
of sections 207, 217, 229, 235 and 239.
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(6)
In imposing a requirement the regulator must have regard to views of—
(a)
relevant tenants,
(b)
the registered provider,
(c)
the HCA, and
(d)
if the regulator thinks it appropriate, any relevant local housing
15
authority.
(7)
If the regulator imposes a requirement it must send a copy to the HCA.
(8)
A registered provider may appeal to the High Court against a requirement
under section 236(2).
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Appointment of manager
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(1)
This section applies if the regulator is satisfied that—
(a)
a registered provider has failed to meet a standard under section 180 or
181, or
(b)
the affairs of a registered provider have been mismanaged in relation
to social housing.
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(2)
The regulator may—
(a)
appoint an individual as a manager of the registered provider, or
(b)
require the registered provider to appoint an individual as a manager.
(3)
An appointment or requirement may relate to a manager—
(a)
of the registered provider’s affairs generally in so far as they relate to
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social housing, or
(b)
of specified affairs relating to social housing.
(4)
Appointment shall be on terms and conditions (including as to remuneration)
specified in, or determined in accordance with, the appointment or
requirement.
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(5)
A manager shall have—
(a)
any power specified in the appointment or requirement, and
(b)
any other power in relation to the registered provider’s affairs required
by the manager for the purposes specified in the appointment or
requirement (including the power to enter into agreements and take
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other action on behalf of the registered provider).