Section 218D: Appeals

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

Part 2: Regulation of Social Housing — Chapter 7: Enforcement powers

A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.

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.

The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.

The "appeal period" means—

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the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
otherwise, the period during which an appeal could be brought.

But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—

the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));
the duty in section 218B(2) (duty to implement a plan);
the duty in section 218B(4) (duty to provide copy of plan).

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