Section 252: Section 251: supplemental, Housing and Regeneration Act 2008

Before acting under section 251(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 registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.

Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.

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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), and

any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

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 251(2).

Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.

The regulator must notify the HCA of an appointment or requirement under section 251(2).

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The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.

The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).

A private registered provider may appeal to the High Court against an appointment or requirement under section 251(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 an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or

the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).

Section 252: Section 251: supplemental

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