(1) The definitions in this section apply to sections 180 to 182.
(2) The HCA gives “assistance” to a person if it—
(a) transfers housing or other land to the person,
(b) provides infrastructure to the person, or
(c) gives financial assistance to the person,
and for this purpose “infrastructure” has the same meaning as in Part 1.
(3) References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.
(4) “Leaseholder” does not include a mortgagee.
(5) “Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).
(6) A person provides a dwelling if the person—
(a) acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or
(b) ensures such acquisition, construction, conversion, improvement or repair by another.
(7) “Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.
(1) The Secretary of State may by order—
(a) specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and
(b) designate rural areas in relation to dwellings in which the right conferred by that section does not arise.
(2) The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180—
(a) subject to any order under subsection (1) above, and
(b) subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.
(3) The regulations may provide—
(a) that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,
(b) that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,
(c) that the provisions of Part 5 of that Act relating to the right to acquire on rent to mortgage terms do not apply,
(d) that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and
(e) that the provisions of that Part relating to the preserved right to buy do not apply.
Nothing in this subsection affects the generality of the power conferred by subsection (2).
(4) The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply.
(5) Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—
(a) the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and
(b) such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate.
(6) Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations.
Where a person ceases to be a private registered provider, sections 171 and 176 (apart from section 176(2)) continue to apply in respect of any property owned by the person at any time when it was registered.
Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a private registered provider.
(1) In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—
(a) in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and
(b) after that subsection insert—
(2A) “The appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.
(2) In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—
(a) in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b) after that subsection insert—
(3A) In this section “the appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.
,
(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(d) in subsection (5)(a) for “himself” substitute “ itself ”, and
(e) omit subsection (6) (consultation of Housing Corporation).
(3) In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—
(a) in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b) after that subsection insert—
(1ZA) In this section “the appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.
,
(c) after subsection (1A) insert—
(1B) This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
,
(d) in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,
(e) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(f) in subsection (5)(a) for “himself” substitute “ itself ”, and
(g) omit subsection (6) (consultation of Housing Corporation).
(4) In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—
(a) in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b) after subsection (1) insert—
(1A) In this section “the appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.
,
(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(d) in subsection (5)(a) for “himself” substitute “ itself ”, and
(e) omit subsection (6) (consultation of Housing Corporation).
This Chapter—
(a) allows the regulator to set standards for the provision of social housing (sections 193 to 198),
(b) gives the regulator powers to monitor compliance (sections 199 to to 210A),
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) requires the regulator to give guidance ... about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), ...
(e) allows the regulator to arrange for the accreditation of managers of social housing (section 217) , and
(f) makes provision about terms to be implied into management services agreements (section 217A).
(1) The regulator may set standards for registered providers as to the nature, extent , safety, energy efficiency and quality of accommodation, facilities or services provided by them in connection with social housing.
(2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
(a) criteria for allocating accommodation,
(b) terms of tenancies,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) maintenance,
(e) procedures for addressing complaints by tenants against landlords,
(f) methods for consulting tenants and providing them with information in connection with such consultation,
(g) methods of enabling tenants to influence or control the management of their accommodation and environment,
(ga) methods of assisting tenants to exchange tenancies,
(h) policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,
(ha) policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
(i) landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and
(j) estate management.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The regulator may set standards for private registered providers in matters relating to ... their financial and other affairs.
(1A) Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about—
(a) the management of their financial and other affairs, and
(b) their efficiency in carrying on their financial and other affairs.
(2) In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.
(2A) The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).
(2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
(a) the knowledge, skills and experience to be required of relevant individuals, and
(b) the conduct to be expected of relevant individuals in their dealings with tenants.
(3) Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—
(a) have a specified qualification in housing management or type of qualification in housing management, or
(b) are working towards such a qualification or type of qualification.
(4) Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—
(a) have a specified qualification in housing management or type of qualification in housing management, or
(b) are working towards such a qualification or type of qualification.
(5) Each of the following is a “relevant manager” of a services provider—
(a) if the services provider is a relevant individual, that individual;
(b) a senior housing executive of the services provider;
(c) a senior housing manager of the services provider.
(6) A qualification or type of qualification specified for a senior housing executive may only be—
(a) a foundation degree, or
(b) a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.
(7) A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.
(8) The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.
(9) Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.
(10) See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).
194B Meaning of “services provider”, “senior housing executive” and “senior housing manager”
(1) This section makes provision about the meaning of terms for the purposes of section 194A.
(2) “Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.
(3) For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.
(4) “Senior housing executive” of a registered provider means a relevant individual who—
(a) is an employee or officer of the registered provider,
(b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
(c) is part of the registered provider’s senior management.
(5) “Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—
(a) is—
(i) an employee of the services provider,
(ii) an officer of the services provider, or
(iii) if the services provider is a partnership, a partner in the partnership,
(b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
(c) is part of the services provider’s senior management.
(6) For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—
(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
(b) the management or organisation of the whole or a substantial part of such activities.
(7) “Senior housing manager” of a registered provider means a relevant individual who—
(a) is an employee of the registered provider, and
(b) is a senior housing and property manager for the registered provider.
(8) “Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—
(a) is an employee of the services provider,
(b) is a senior housing and property manager for the services provider, and
(c) is involved in the provision of services in connection with the management of social housing provided by the registered provider.
(9) For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Secretary of State under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
(10) In this section—
“employee” includes a person employed under a contract of apprenticeship;
“relevant individual” has the same meaning as in section 194A.
(11) The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—
Services provider | Meaning of “officer”
Registered charity which is not a registered company | Trustee, secretary or treasurer
Registered society | “Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee)
Registered company | “Officer” within the meaning given by section 1173 of the Companies Act 2006
Limited liability partnership | A member of the limited liability partnership.
194C Standards relating to information and transparency
(1) The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.
(2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
(a) the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—
(i) their tenants’ rights in connection with those things, and
(ii) how to make complaints against registered providers,
(b) monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and
(c) the publication of information about—
(i) the remuneration of their executives, and
(ii) their income, management costs and other expenditure.
(3) For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—
(a) an officer or employee of the registered provider, and
(b) responsible for the management of the provider.
(1) The regulator may issue a code of practice which—
(a) relates to a matter addressed by a standard ..., and
(b) amplifies the standard.
(2) In considering whether standards ... have been met the regulator may have regard to a code of practice.
(3) The regulator may revise or withdraw a code of practice.
(4) The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.
(1) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—
(a)
(b) one or more bodies appearing to it to represent the interests of registered providers,
one or more bodies appearing to it to represent the interests of secured creditors of registered providers,
(ba) any body for the time being nominated under section 278A,
(c) one or moreother bodies appearing to it to represent the interests of tenants of social housing,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) one or more bodies appearing to it to represent the interests of local housing authorities,
(ea) the Greater London Authority,
(eb) any housing ombudsman,
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and
(g) the Secretary of State.
(1A) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.
(2) Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.
(3) Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.
(4) The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).
(5) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).
(1) The Secretary of State may direct the regulator—
(a) to set a standard under section 193 or 194,
(b) about the content of standards under section 193 or 194, or
(c) to have regard to specified objectives when setting standards under section 193 or 194.
(2) The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—
(a) quality , safety or energy efficiency of accommodation,
(aa) tenure,
(b) rent, ...
(c) involvement by tenants in the management by registered providers of accommodation , or
(d) methods of assisting tenants to exchange tenancies.
(2A) The Secretary of State may direct the regulator—
(a) to set a standard under section 194A,
(b) to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),
(c) about the content of standards described in paragraph (a) or (b), or
(d) to have regard to specified objectives when setting those standards.
(3) In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.
(4) Before giving a direction the Secretary of State must consult—
(za) the HCA,
(a) the regulator,
(aa) the Greater London Authority,
(ab) any housing ombudsman,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,
(da) any body for the time being nominated under section 278A,
(e) one or moreother bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and
(f) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
(5) Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.
(5A) Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).
(6) A direction may disapply the requirement to consult under section 196 in relation to specified matters.
(7) The regulator shall comply with any direction.
(8) The Secretary of State shall publish—
(a) each proposed direction that is the subject of a consultation,
(b) each response to a consultation, and
(c) each direction.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The regulator shall make arrangements for bringing standards to the attention of registered providers.
(3) The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.
(4) Standards may be expressed by reference to documents prepared by others.
(5) Standards—
(a) may make provision generally or only in relation to specified cases, circumstances or areas, and
(b) may make different provision for different cases, circumstances or areas.
(6) In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
(1) The regulator may give directions to registered providers requiring them to collect, process and publish information about their performance in relation to matters covered by standards under sections 193, 194, 194A and 194C.
(2) Directions under subsection (1) may, in particular, specify or describe—
(a) the information that must be collected,
(b) the period the information must cover,
(c) the method of collecting, processing and presenting information,
(d) the form in which information must be presented, and
(e) what information must be published and when and the manner of publication.
(3) A direction—
(a) may make provision that applies generally or only to specified cases, circumstances or registered providers, and
(b) may make different provision for different cases, circumstances or registered providers.
(4) The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.
(5) The regulator may request that a registered provider send to the regulator—
(a) any information collected by the registered provider pursuant to directions under subsection (1);
(b) an analysis of that information;
(c) an explanation of how the information was collected, processed or published.
(1) This section applies where the regulator suspects that a registered provider may be failing to maintain premises in accordance with standards under section 193.
(2) The regulator may arrange for a survey of the condition of the premises by an authorised person.
(3) In this section and in sections 199A to 200, “authorised person” means a member of the regulator's staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) After carrying out a survey an authorised person must produce a written report.
(8) The regulator must give the registered provider a copy of the report.
(9) Arrangements for a person other than a member of the regulator’s staff to carry out a survey may include provision about payments.
(1) An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.
(2) The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—
(a) to the registered provider, and
(b) if the premises are occupied, to the occupier (or any one of the occupiers).
(3) The requirement to give notice may be waived—
(a) in the case of notice required by subsection (2)(a), by the registered provider, and
(b) in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.
(4) Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.
(5) Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.
(6) An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.
(7) An authorised person entering premises to carry out a survey may—
(a) be accompanied by such other persons, and
(b) take onto the premises such equipment or materials,
as the authorised person thinks necessary for the purposes of carrying out the survey.
(8) Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
(9) Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
(10) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.
(1) This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.
(2) The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—
(a) entry to the premises has been sought under section 199A but has been refused,
(b) the premises are unoccupied or that the occupier is temporarily absent, or
(c) there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.
(3) A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.
(4) A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.
(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
(6) Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
(7) A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.
(8) Accompanying persons—
(a) have the same powers as the authorised person in respect of execution of the warrant, but
(b) must exercise those powers only in the company, and under the supervision, of the authorised person.
(9) An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—
(a) a copy of the warrant;
(b) a copy of the authorisation mentioned in section 199(3).
(10) A warrant under this section continues in force until the survey is carried out.
(11) If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The regulator may require the registered provider to pay some or all of the costs of the survey and report.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—
(a) in exercising a power under section 199A, or
(b) in exercising a power under section 199, where the authorised person has entered the premises to carry out the survey under the power in section 199A.
(4A) A person commits an offence if the person obstructs an authorised person—
(a) in exercising a power conferred by a warrant under section 199B, or
(b) in exercising a power under section 199, where the authorised person has entered the premises to carry out a survey under a warrant under section 199B.
(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 the consent of—
(a) the regulator, or
(b) the Director of Public Prosecutions.
(1) The regulator must make a plan as regards—
(a) the descriptions of registered provider that should be subject to regular inspection under section 201,
(b) the intervals at which regular inspections should be carried out under that section, and
(c) the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.
(2) The plan may make different provision for different cases, circumstances or areas.
(3) The regulator must take appropriate steps to implement the plan.
(4) The regulator must—
(a) keep the plan under review,
(b) when appropriate, revise or replace the plan, and
(c) publish the plan and any revised or replacement plan.
(1) An inspector may by notice require a person to provide specified documents or information.
(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 107.
(3) Sections 107(2A) to (4) and (5) to (7) and 108 apply for the purposes of subsection (1) (with any necessary modifications).
(4) An inspector may at any reasonable time—
(a) enter premises occupied by the registered provider which is being inspected, and
(b) inspect, copy or take away documents found there.
(5) The reference to documents found on premises includes—
(a) documents stored on computers or electronic storage devices on the premises, and
(b) documents stored elsewhere which can be accessed by computers on the premises.
(6) The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored.
(7) An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
(8) For the purposes of subsections (5) and (6) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests.
(9) It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by subsections (4) to (8).
(10) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) Proceedings for an offence may be brought only by or with the consent of—
(a) the regulator, or
(b) the Director of Public Prosecutions.
(12) In this section “ inspector ” means a person authorised in writing by the regulator to exercise the powers under this section and section 203A for the purposes of an inspection under section 201.
(1) After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—
(a) a written summary of the inspector’s findings, and
(b) a written report about any matters specified by the regulator.
(2) The summary and any report must be in the form specified by the regulator.
(3) The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.
(4) The regulator must give the registered provider a copy of the summary of the inspector’s findings.
(5) The regulator must also give the registered provider—
(a) a copy of the inspector’s report, or
(b) a notice confirming that no matters were specified for the purposes of subsection (1)(b).
(6) The regulator may publish—
(a) all or part of the summary of the inspector’s findings,
(b) (where relevant) all or part of the inspector’s report, and
(c) related information.
(1) The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—
(a) the affairs of the registered provider may have been mismanaged,
(b) the registered provider has failed to meet a standard under section 193, 194 or 194C, or
(c) 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 or 194C.
(2) The regulator shall appoint one or more individuals to conduct the inquiry.
(3) An individual is eligible for appointment only if the individual is independent of the regulator.
(4) Individuals are independent of the regulator if they and the members of their family—
(a) are not members or employees of the regulator, and
(b) have not been members or employees of the regulator within the previous five years.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The individual or individuals conducting an inquiry (“the inquirer”) shall determine its procedure.
(2) The inquirer may consider the affairs of the following categories of registered provider only so far as relating to social housing—
(a) profit-making organisations;
(b) local authorities.
(3) The inquirer may consider affairs of a body which at the material time was a subsidiary or associate of the registered provider.
(4) The inquirer may make interim reports.
(5) The inquirer shall make a final report on matters specified by the regulator.
(6) The regulator may arrange for the publication of all or part of an interim or final report.
(7) A local authority may contribute to the regulator's expenses in connection with an inquiry.
(1) The inquirer may by notice require a person to provide specified documents or information.
(2) The notice may, in particular, require evidence to be given on oath (and the inquirer may administer oaths for that purpose).
(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 107.
(4) Sections 107(2A) to (4) and (5) to (7) and 108 apply for the purposes of this section (with any necessary modifications).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An inquiry in relation to a registered charity may only relate to its activities relating to housing.
(3) If an inquiry is held in relation to a registered charity the regulator shall notify the Charity Commission.
(1) Where an inquiry in respect of a private registered provider is being held, or has been held, under section 206, 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 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.
(5) The registered provider shall pay the costs of the audit (including the auditor's remuneration).
(1) Where an inquiry in respect of a local authority is being held, or has been held, under section 206, the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator.
(1A) The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—
(a) is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2014 to audit the authority's accounts, or
(b) was the person (or one of the persons) who carried out the most recent completed audit of the authority's accounts under or by virtue of that Act.
(1B) Sections 20(1), (2), (5) and (6), 22 and 23 of the Local Audit and Accountability Act 2014 (local auditors' general duties and right to documents etc) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.
(1C) On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The local authority shall pay the costs of the audit (including the local auditor's remuneration).
(5) In this section—
“accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2014;
“local auditor” means a person who is eligible for appointment under or by virtue of the Local Audit and Accountability Act 2014 as an auditor of the local authority's accounts.