Section 247 Management tenderI1

England and Wales

(1)

This section applies if the regulator is satisfied that—

(a)

a registered provider has failed to meet a standard F1... under section F2193, 194 or 194C,

F3(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(ab)

a registered provider—

(i)

does not have a health and safety lead designated under section 126A, or

(ii)

has failed to meet a requirement under section 126C(1),

(ac)

the functions of the health and safety lead are not being carried out,

(b)

the affairs of a registered provider have been mismanaged in relation to social housing F5, or

(c)

a registered provider has failed to comply with a performance improvement plan notice.

(2)

The regulator may F6by notice require the registered provider to implement a process specified by the regulator for the purpose of—

(a)

inviting persons to apply to undertake management functions of the registered provider, and

(b)

selecting from the applications and making an appointment.

(3)

A requirement may relate to—

(a)

the registered provider's affairs generally in so far as they relate to social housing, or

(b)

specified affairs relating to social housing.

(4)

A requirement must include—

(a)

provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b)

provision for ensuring best procurement practice F7(and consistent with any applicable procurement law), and

(c)

provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i)

setting, monitoring and enforcing performance standards, and

(ii)

resources).

Annotations

Textual amendments

F1: Words in s. 247(1)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 32(a); S.I. 2023/1001, reg. 2(y)(viii)
F2: Words in s. 247(1)(a) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 22(6), 46(3); S.I. 2023/1001, reg. 2(j)
F3: S. 247(1)(aa) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 32(b); S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
F4: S. 247(1)(ab)(ac) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 10(5), 46(3); S.I. 2024/437, reg. 2(d)
F5: S. 247(1)(c) and word inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 31(6), 46(3); S.I. 2024/437, reg. 2(r)
F6: Words in s. 247(2) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 9; S.I. 2023/1001, reg. 2(x)
F7: Words in s. 247(4)(b) 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. 64(3)

Commencement

I1: S. 247 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)