Section 108 Section 107: supplementalI1

(1)

A requirement F1under section 107(1) does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

F2(2)

A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a)

a registered provider,

(b)

a subsidiary of a registered provider,

(c)

an associate of a registered provider, or

(d)

a person who is certified in writing by the regulator as being—

(i)

a person who has applied to be entered in the register of providers of social housing, or

(ii)

a local authority which the regulator thinks may be, or may become, a provider of social housing.

(3)

A person guilty of an offence under section 107(5) is liable on summary conviction to a fine F3....

(4)

A person guilty of an offence under section 107(6) F4or (6A) is liable—

(a)

on summary conviction, to a fine F5...;

(b)

on conviction on indictment, to—

(i)

imprisonment for a term not exceeding two years,

(ii)

a fine, or

(iii)

both.

(5)

Proceedings for an offence under section 107(5) F6, (6) or (6A) may be brought only by or with the consent of—

(a)

the regulator, or

(b)

the Director of Public Prosecutions.

(6)

An order under section 107(7) may include provision about costs.

Annotations

Textual amendments

F1: Words in s. 108(1) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 3(3)(a), 46(3); S.I. 2024/437, reg. 2(a)
F2: S. 108(2) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 3(3)(b), 46(3); S.I. 2024/437, reg. 2(a)
F3: Words in s. 108(3) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 3(3)(c), 46(3); S.I. 2023/1001, reg. 2(c)(ii)(bb)
F4: Words in s. 108(4) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 3(3)(d)(i), 46(3); S.I. 2024/437, reg. 2(a)
F5: Words in s. 108(4)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 3(3)(d)(ii), 46(3); S.I. 2023/1001, reg. 2(c)(ii)(bb)
F6: Words in s. 108(5) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 3(3)(e), 46(3); S.I. 2024/437, reg. 2(a)

Commencement

I1: S. 108 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Notes on Part 2

Modifications

C1: Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Notes on Chapter 2

Modifications

C1: Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)