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Change 1
As published
220 Grounds for giving notice
(1) The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—
(a) any of the following cases applies, and
(b) giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).
(2) Case 1 is where the registered provider has failed to meet a standard ... under section 193, 194 or 194C.
(3) Case 2 is where the affairs of the registered provider have been mismanaged.
(4) Case 3 is where the registered provider has failed to comply with an earlier enforcement notice.
(5) Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).
(6) Case 5 is where the interests of tenants of the registered provider require protection.
(7) Case 6 is where the registered provider is a private registered provider and its assets require protection.
(8) Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
(9) Case 8 is where the registered provider has failed to pay an annual fee under section 117(1)(b).
(10) Case 9 is where an offence under this Part has been committed by the registered provider.
(11) Case 10 is where the registered provider has failed to comply with an order made by a housing ombudsman.
(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11B) Case 12 is where—
(a) the registered provider—
(i) does not have a health and safety lead designated under section 126A, or
(ii) has failed to meet a requirement under section 126C, or
(b) the functions of the health and safety lead are not being carried out.
(11C) Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.
(11D) Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.
(11E) Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.
(12) Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
(a) Case 9 applies,
(b) the regulator may give an enforcement notice to the other person, and
(c) this Chapter applies with the substitution of references to that other person for references to the registered provider.
Your change, as a redline
220 Grounds for giving notice
(1) The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—
(a) any of the following cases applies, and
(b) giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).
(2) Case 1 is where the registered provider has failed to meet a standard ... under section 193, 194 or 194C.
(3) Case 2 is where the affairs of the registered provider have been mismanaged.
(4) Case 3 is where the registered provider has failed to comply with an earlier enforcement notice.
(5) Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).
(6) Case 5 is where the interests of tenants of the registered provider require protection.
(7) Case 6 is where the registered provider is a private registered provider and its assets require protection.
(8) Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
(9) Case 8 is where the registered provider has failed to pay an annual fee under section 117(1)(b).
(10) Case 9 is where an offence under this Part has been committed by the registered provider.
(11) Case 10 is where the registered provider has failed to comply with an order made by a housing ombudsman.
(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11B) Case 12 is where—
(a) the registered provider—
(i) does not have a health and safety lead designated under section 126A, or
(ii) has failed to meet a requirement under section 126C, or
(b) the functions of the health and safety lead are not being carried out.
(11C) Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.
(11D) Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.
(11E) Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.
(12) Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
(a) Case 9 applies,
(b) the regulator may give an enforcement notice to the other person, and
(c) this Chapter applies with the substitution of references to that other person for references to the registered provider.
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