Section 248: Section 247: supplemental, Housing and Regeneration Act 2008

Before acting under section 247(2) the regulator must give the registered provider a notice—

specifying grounds on which action might be taken under that section,

warning the provider that the regulator is considering action under that section, and

explaining the effect of this section.

The notice must specify a period during which the registered provider may make representations to the regulator.

The period must—

be a period of at least 28 days, and

begin with the date on which the registered provider receives the notice.

The regulator must send a copy of a notice under subsection (1) to—

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the HCA,

the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),

the Secretary of State (if the notice is given to a local authority), and

any other persons the regulator thinks appropriate.

A notice under subsection (1) must—

refer to section 125 (voluntary undertaking), and

indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 247(2).

Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.

In imposing a requirement the regulator must have regard to views of—

relevant tenants,

the registered provider,

the HCA,

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the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),

the Secretary of State (if the registered provider is a local authority), and

if the regulator thinks it appropriate, any relevant local housing authority.

If the regulator imposes a requirement it must send a copy—

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the HCA,

in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and

in the case of a requirement imposed on a local authority, to the Secretary of State.

A registered provider may appeal to the High Court against a requirement under section 247(2).

An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).

Section 248: Section 247: supplemental

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