Law

Housing and Regeneration Act 2008

United Kingdom · statute

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In force since 2026-05-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 416 provisions

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416 provisions

212 Registered society: change of rules

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213 Charity: change of objects

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214 Companies: change of articles

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215 Use of intervention powers

(1) The regulator shall publish— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) guidance about how it uses and intends to use powers under this Chapter and Chapter 7. (1A) In determining whether the regulator has complied with subsection (1) in relation to its power to arrange for inspections under section 201(1), a plan published under section 201A may be taken into account. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The regulator shall have regard to guidance under this section.

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216 Consultation

Before giving guidance under section 215 the regulator must consult— (za) the Secretary of State, (a) one or more bodies appearing to it to represent the interests of registered providers, (aa) any body for the time being nominated under section 278A, (b) one or moreother bodies appearing to it to represent the interests of tenants of social housing, (ba) the Greater London Authority, (c) one or more bodies appearing to it to represent the interests of local housing authorities, (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) the HCA.

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217 Accreditation

(1) The regulator may operate a scheme for the purpose of accrediting persons who provide services in connection with the management of social housing. (2) The regulator may approve a scheme operated by someone else for that purpose. (3) Approval may be withdrawn. (4) A scheme may include provision about— (a) eligibility for accreditation; (b) standards to be met by accredited persons (which may operate by reference to standards under section 193 or 194A); (c) monitoring compliance; (d) complaints against accredited persons; (e) renewal, suspension and withdrawal of accreditation. (5) Accreditation, or continued accreditation, may be conditional on the payment of fees. (6) Standards under section 193 or 194A may refer to accreditation under this section.

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217A Implied terms of management services agreements relating to qualifications

(1) Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4). (2) In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services. (3) For the purposes of subsection (2)— (a) an agreement does not include a contract of employment or a contract of apprenticeship, and (b) the services recipient may be the registered provider or another person. (4) The terms are that— (a) the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times; (b) in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient; (c) the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient. (5) A relevant manager of a services provider under a management services agreement “meets the qualification standard” if— (a) a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and (b) the manager has or (as the case may be) is working towards such a qualification, or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a). (6) A term of a management services agreement is not binding on the services recipient to the extent it would— (a) exclude or restrict the liability of the services provider for breach of a term implied by this section, or (b) prevent an obligation under a term implied by this section arising or limiting its extent. (7) In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).

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218 Exercise of enforcement powers

(1) This section applies where the regulator is deciding— (a) whether to exercise a power under this Chapter, (b) which power under this Chapter to exercise, or (c) how to exercise a power under this Chapter. (2) The regulator shall consider— (a) the desirability of registered providers being free to choose how to provide services and conduct business; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the speed with which the failure or other problem needs to be addressed; (e) whether the failure or other problem is serious or trivial. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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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218B Performance improvement plans

(1) The regulator must— (a) approve a performance improvement plan submitted in accordance with section 218A(2)(c) and (d), or (b) reject it, giving reasons for doing so. (2) A registered provider must implement in full a performance improvement plan that has been approved by the regulator. (3) If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice. (4) If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.

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218C Cancellation of performance improvement plan

(1) The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved. (2) Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given). (3) If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date. But this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date. (4) The duties are— (a) the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e)); (b) the duty in section 218B(2) (duty to implement a plan); (c) the duty in section 218B(4) (duty to provide copy of plan).

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218D Appeals

(1) A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice. (2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice. (3) The requirement to prepare and submit a performance improvement plan is suspended during the appeal period. (4) The “appeal period” means— (a) where an appeal is brought, the period beginning with the day on which the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) otherwise, the period during which an appeal could be brought. (5) But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend— (a) the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e)); (b) the duty in section 218B(2) (duty to implement a plan); (c) the duty in section 218B(4) (duty to provide copy of plan).

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219 Overview

This group of sections allows the regulator to require a registered provider to take specified action to resolve a specified failure or other problem.

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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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221 Content

(1) An enforcement notice must— (a) specify the grounds on which it is given, (b) specify the action the regulator wants the registered provider to take in response to the notice, (c) specify when the action is to be taken (which may be immediately on receipt of the notice), and (d) explain the effect of sections 223 to 225. (2) The action specified in an enforcement notice may include publishing the notice in a specified manner.

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222 Notifying HCA etc

If the regulator gives an enforcement notice it must send a copy— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (za) to the HCA, (aa) in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and (b) in the case of an enforcement notice given to a local authority, to the Secretary of State.

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223 Appeal

(1) A registered provider who is given an enforcement notice may appeal to the High Court. (2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.

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224 Withdrawal

The regulator may withdraw an enforcement notice by notice to the registered provider.

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225 Sanction

(1) If a registered provider does not comply with an enforcement notice the regulator shall consider exercising another power under Chapter 6 or this Chapter. (2) In the case of an enforcement notice given to a person other than the registered provider by virtue of section 220(12), the regulator may only— (a) exercise the power to issue a penalty notice to the person in accordance with sections 226 to 235, or (b) take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given. (3) A person to whom an enforcement notice is given on the ground in Case 9 of section 220 may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.

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225A Overview

This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.

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225B Power to take emergency remedial action

(1) If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises. (2) Condition 1 is that a survey of the condition of the premises has been carried out under section 199. (3) Condition 2 is that the regulator is satisfied that— (a) the registered provider has failed to maintain the premises in accordance with standards under section 193, and (b) that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises. (4) Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a). (5) In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b). (6) In this section and in sections 225C to 225G, “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. (7) Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.

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225C Emergency remedial action: power to enter without warrant

(1) An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action. (2) The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to— (a) if the premises are occupied, the occupier (or any one of the occupiers), (b) if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings, (c) the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and (d) each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises. (3) A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action. (4) A “pre-entry notice” is a notice which— (a) identifies the premises to be entered; (b) identifies the failure to maintain the premises which has caused the imminent risk of serious harm; (c) states that a person authorised by the regulator intends to enter the premises; (d) specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action; (e) specifies the power under this section as the power under which the authorised person intends to enter the premises; (f) explains the effect of section 225H. (5) A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E. (6) An authorised person may not enter premises in reliance on a pre-entry notice— (a) before the date (or the first date) specified in the notice, or (b) within 24 hours of giving the notice, except where the relevant person in respect of the notice consents. (7) In subsection (6), “the relevant person” in respect of the pre-entry notice means— (a) in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling; b in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given. (8) 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.

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225D Power under section 225C: supplementary

(1) A pre-entry notice required by section 225C(2)(a) or (b) may be given by fixing it to some conspicuous part of the premises. (2) A pre-entry notice required by section 225C(2)(d) may be given by sending it to an address supplied for the purpose of service of notice under the Land Registration Act 2002 (see paragraph 5 of Schedule 10 to that Act). (3) An authorised person who under section 225C has entered, or who is seeking to enter, premises to take emergency remedial action must produce a copy of the authorisation mentioned in 225B(6) on request by an occupier. (4) An authorised person entering premises to take emergency remedial action 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 taking the emergency remedial action. (5) Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken 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 taking the emergency remedial action 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 225C), 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.

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225E Emergency remedial action: power to enter with warrant

(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 take emergency remedial action under section 225B. (2) The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that— (a) entry to the premises has been sought under section 225C 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 taking the emergency remedial action. (5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken 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 taking the emergency remedial action 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 225C), 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 225B(6). (10) A warrant under this section continues in force until the emergency remedial action has been taken. (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.

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225F Offences

(1) 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 225C or 225D, or (b) in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under the power in section 225C. (2) A person commits an offence if the person obstructs an authorised person— (a) in exercising a power conferred by a warrant under section 225E, or (b) in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under a warrant under section 225E. (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (4) 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.

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225G Reclaiming expenses

(1) Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator— (a) such relevant expenses as are specified in the notice; (b) interest on those expenses (see subsection (4)). (2) “Relevant expenses” are— (a) expenses reasonably incurred by the regulator— (i) in deciding whether to make arrangements under section 225B; (ii) in making those arrangements; (iii) in the authorised person taking emergency remedial action; (b) any costs reasonably incurred by the regulator related to the action in paragraph (a)(iii). (3) Sums mentioned in subsection (1)(a) are payable at the end of the period of 28 days beginning with the day on which the notice is given. (4) Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine.

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225H Appeals

(1) A registered provider may appeal to the High Court against— (a) a decision of the regulator to make arrangements under section 225B(1); (b) a decision of the regulator to give a notice under section 225G(1). (2) An appeal under subsection (1)(a) must be brought within the period of 28 days beginning— (a) with the day on which the registered provider is given the pre-entry notice under section 225C(2), or (b) with the day on which the premises were first entered under a warrant obtained under section 225E on the grounds in subsection (2)(b) or (c) of that section. (3) An appeal under subsection (1)(b) must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice under section 225G(1). (4) No question may be raised on an appeal under subsection (1)(b) which might have been raised on an appeal under subsection (1)(a). (5) Where an appeal under subsection (1)(b) is brought— (a) the requirement to pay the sums described in section 225G(1)(a) is suspended during the period beginning with the day on which the notice under section 225G(1) is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) no interest is payable by virtue of section 225G(1)(b) in respect of that period.

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226 Overview

This group of sections allows the regulator to penalise failures on the part of ... registered providers by the imposition of fines.

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227 Grounds for imposition

(1) The regulator may require a ... registered provider to pay a penalty if the regulator is satisfied that— (a) any of the following cases applies, and (b) the imposition of a penalty is appropriate (whether or not as part of a response including other 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 enforcement notice. (5) Case 4 is where the registered provider has given an undertaking under section 125 and failed to comply with it. (6) Case 5 is where the registered provider has failed to pay an annual fee under section 117(1)(b). (7) Case 6 is where an offence under this Part has been committed by the registered provider. (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7B) Case 8 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. (7C) Case 9 is where the registered provider has failed to comply with directions or a request under section 198C. (7D) Case 10 is where the registered provider has failed to comply with a performance improvement plan notice. (7E) Case 11 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan). (8) 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 6 applies, (b) the regulator may require the other person to pay a penalty, and (c) this Chapter applies with the substitution of references to that other person for references to the registered provider. (9) In order to rely on Case 6 the regulator must be satisfied beyond reasonable doubt that it applies.

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228 Imposition

(1) A penalty is imposed by the regulator giving notice (a “penalty notice”) to the registered provider. (2) The notice must specify— (a) the grounds on which the penalty is imposed, (b) the amount of the penalty, (c) how the penalty must be paid, (d) a period within which it must be paid, and (e) any interest or additional penalty which, by virtue of section 234(2), is payable in the event of late payment. (3) The notice may require the registered provider to publish information about the penalty in a specified manner. (4) The notice must explain the effect of sections 234(1), (3) and (6) and 235. (5) The Secretary of State— (a) shall make regulations about the period under subsection (2)(d), (b) may make other regulations about the form and content of a penalty notice, and (c) may make regulations about the manner in which a penalty notice is given.

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229 Amount

(1) The amount of a penalty imposed on the ground specified in Case 6 of section 227 may not exceed the maximum amount (if any) of fine that a magistrates' court could impose for the relevant offence. (2) The amount of a penalty that may be imposed on the ground specified in any other Case of that section is unlimited. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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230 Warning

(1) Before giving a penalty notice to a registered provider the regulator must give the provider a notice (a “pre-penalty warning”)— (a) specifying grounds on which the regulator thinks a penalty could be imposed, (b) warning the provider that the regulator is considering imposing a penalty, (c) including any indication that the regulator is able to give of the likely amount of any penalty, and (d) explaining the effect of sections 231, 234(1), (3) and (6) and 235. (2) If the regulator gives a pre-penalty warning it must send a copy to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (za) the HCA, (aa) the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and (b) any other persons it thinks appropriate. (3) For the purposes of subsection (2)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-penalty warning is given. (4) A pre-penalty warning 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, a penalty. (5) A pre-penalty warning may be combined with notice under one or more of sections 242, 248, 250 and 252.

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231 Representations

(1) A pre-penalty 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 (b) begin with the date on which the registered provider receives the pre-penalty warning. (3) Representations may concern— (a) whether a penalty should be imposed; (b) the amount of any penalty that may be imposed. (4) After the end of the period specified under subsection (1) the regulator shall— (a) consider any representations made, and (b) decide whether to impose a penalty.

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231A Notifying the HCA

If the regulator imposes a penalty on a registered provider it must send a copy of the penalty notice to the HCA.

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232 Notifying HCA

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232A Notifying the Greater London Authority

If the regulator imposes a penalty on a registered provider who owns land in Greater London, it must send a copy of the penalty notice to the Greater London Authority.

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233 Destination

(1) This section applies where the regulator receives money by way of penalty. (2) The regulator may deduct a sum which represents— (a) the direct costs to the regulator of imposing and enforcing the penalty, and (b) a reasonable share of expenditure by the regulator which is indirectly referable to the imposition and enforcement of the penalty. (3) Any excess shall be paid to the HCA, to be used for purposes which appear to it to amount to investment in social housing.

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234 Enforcement

(1) A penalty shall be treated as a debt owed to the regulator. (2) The Treasury may make regulations authorising the regulator— (a) to charge interest on penalty not paid during the period specified under section 228(2)(d); (b) to impose one or more additional penalties where a penalty is not paid during that period. (3) Interest and additional penalty shall be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 229). (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. (5) A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 228(2)(d)). (6) A person to whom a penalty notice is given on the ground in Case 6 of section 227 may not be prosecuted for the offence by reference to which the penalty notice was given.

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235 Appeal

(1) A registered provider who is given a penalty notice may appeal to the High Court against— (a) the imposition of the penalty, (b) its amount, or (c) both. (2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice. (3) The requirement to pay the penalty is suspended during the appeal period. (4) Regulations under section 234(2) may not authorise the regulator to— (a) charge interest in respect of the appeal period, or (b) impose additional penalties during that period. (5) The “appeal period” means— (a) where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) otherwise, the period during which an appeal could be brought.

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236 Overview

This group of sections allows the regulator to award compensation to a victim of a failure on the part of a private registered provider.

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