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Change 1
As published
218A Performance improvement plan notice
(1) The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—
(a) the registered provider has failed to meet a standard under section 193, 194, 194A or 194C,
(b) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194, 194A or 194C,
(c) the registered provider has failed to comply with directions or a request under section 198C,
(d) the interests of the tenants of social housing of the registered provider require protection, or
(e) the registered provider has given an undertaking under section 125 and failed to comply with it.
(2) A performance improvement plan notice must—
(a) specify on which of the grounds mentioned in subsection (1) it is given,
(b) identify the issues which led the regulator to be satisfied of those grounds,
(c) require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,
(d) specify the date by which the performance improvement plan must be submitted to the regulator,
(e) require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and
(f) explain the effect of subsections (3) and (4) and sections 218B to 218D.
(3) The regulator may withdraw a performance improvement plan notice by notice to the registered provider.
(4) If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.
Your change, as a redline
218A Performance improvement plan notice
(1) The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—
(a) the registered provider has failed to meet a standard under section 193, 194, 194A or 194C,
(b) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194, 194A or 194C,
(c) the registered provider has failed to comply with directions or a request under section 198C,
(d) the interests of the tenants of social housing of the registered provider require protection, or
(e) the registered provider has given an undertaking under section 125 and failed to comply with it.
(2) A performance improvement plan notice must—
(a) specify on which of the grounds mentioned in subsection (1) it is given,
(b) identify the issues which led the regulator to be satisfied of those grounds,
(c) require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,
(d) specify the date by which the performance improvement plan must be submitted to the regulator,
(e) require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and
(f) explain the effect of subsections (3) and (4) and sections 218B to 218D.
(3) The regulator may withdraw a performance improvement plan notice by notice to the registered provider.
(4) If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.
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