Section 118 De-registration: compulsoryI1

England and Wales

(1)

The regulator may remove from the register a F1private registered provider which the regulator thinks—

(a)

is no longer eligible for registration,

F2(aa)

has failed to meet a standard under section 193, 194 or 194C,

(b)

has ceased to carry out activities, or

(c)

has ceased to exist.

F3(2)

Before acting under subsection (1)(a), (aa) or (b) the regulator must—

(a)

give the private registered provider a notice—

(i)

warning the provider that the regulator is considering action under the provision concerned, and

(ii)

specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and

(b)

consider any representations made during that period.

F4(3)

The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).

F5(4)

The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a)

is no longer a provider of social housing, or

(b)

no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).

Annotations

Textual amendments

F1: Words in s. 118(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 17(2)
F2: S. 118(1)(aa) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 9, 46(3); S.I. 2023/1001, reg. 2(g)
F3: S. 118(2) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 4(2); S.I. 2023/1001, reg. 2(x)
F4: S. 118(3) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 4(3); S.I. 2023/1001, reg. 2(x)
F5: S. 118(4) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 17(3)

Commencement

I1: S. 118 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)