Section 126B: Functions of the health and safety lead

Housing and Regeneration Act 2008 · 2008 c. 17View on legislation.gov.uk

Part 2: Regulation of Social Housing — Chapter 4: Registered providers

The functions of the health and safety lead for a registered provider are to—

monitor the provider's compliance with health and safety requirements;
assess risks of failure to comply with health and safety requirements;
notify the responsible body of the provider of—
risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;
material failures by the provider to comply with health and safety requirements;
provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.

In this Part, "health and safety requirement", in relation to a registered provider, means a statutory requirement, so far as it—

relates to the health or safety of tenants of social housing, and
applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).

In this section, "statutory requirement" means a requirement imposed by or by virtue of legislation and includes—

an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));
a requirement imposed—
by a notice given under legislation, or
by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.

In subsection (3), "legislation" means any provision of or made under—

an Act of Parliament, or
a Measure or Act of Senedd Cymru.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.