Section 141 OffencesI1

England and Wales

(1)

A F1private registered provider commits an offence if it fails, without reasonable excuse, to comply with—

(a)

a direction under section 127,

(b)

a provision listed in subsection (2), or

(c)

a requirement imposed under a provision listed in subsection (3).

(2)

The provisions referred to in subsection (1)(b) are—

(a)

section 128;

(b)

section 129;

(c)

section 135;

(d)

section 136.

(3)

The provisions referred to in subsection (1)(c) are—

(a)

section 133;

(b)

section 134;

(c)

section 139.

(4)

If a private registered provider fails to comply with a direction, provision or requirement mentioned in subsection (1) every officer of the private registered provider is guilty of an offence.

(5)

It is a defence for an officer to show that the officer did everything that could reasonably have been expected to ensure compliance by the private registered provider.

(6)

A person guilty of an offence under this section is liable on summary conviction to a fine F2....

(7)

Proceedings for an offence may be brought only by or with the consent of—

(a)

the regulator, or

(b)

the Director of Public Prosecutions.

Annotations

Textual amendments

F1: Words in s. 141 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. 24
F2: Words in s. 141(6) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 1 para. 17; S.I. 2023/1001, reg. 2(iv)(v)

Commencement

I1: S. 141 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)