Guidance Note 2: Sections 201-203A - Inspections
This note is part of the statutory guidance under s215 of the HRA 2008 (from 1 April 2024)
Applies to England
| Applicable | |
|---|---|
| PRP (For Profit) | yes |
| PRP (Not For Profit) | yes |
| PRP (Registered Charity) | yes |
| Local Authority | yes |
Type of power: regulatory power
Scope
This power enables the regulator to arrange for an inspection of a registered provider. Such inspections may be carried out by a member of the regulator’s staff, or person external to the regulator such as a suitably qualified professional expert (‘inspector’). Registered providers will be subject to programmed inspections in accordance with the regulator’s inspection plan and, in the circumstances set out in that inspection plan, may be subject to inspections which are not programmed.
It is an offence to obstruct an inspector exercising its powers under section 203(4)-(8) of the Act, which may be punishable by fine.
When the regulator will use this power
Section 201(1) of the Act provides that the regulator may arrange for a person to inspect:
-
a registered provider’s performance of its functions in relation to the provision of social housing; or
-
the financial or other affairs of a registered provider.
Inspections will be carried out in accordance with the inspection plan.
Process for using the power
The regulator will decide whether an inspection is required in accordance with the inspection plan.
The regulator will share with the registered provider:
-
the scope of the inspection; and
-
the proposed dates for the start and completion of the inspection.
The regulator will reserve the right to modify the scope during the course of the inspection if this becomes necessary.
The inspection will be carried out in accordance with the scope. The inspector will have the following powers as set out under section 203 of the Act:
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to require a person to provide specified documents or information – the inspector can use powers under section 107-108 of the Act, where the registered provider refuses to provide this voluntarily;
-
to enter premises occupied by the registered provider at any reasonable time;
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to inspect, copy or take away documents found on the premises including documents stored on computers;
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to inspect any computer or electronic storage device on which documents may have been created; and
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to require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
Whilst the Act gives the power for the inspector to enter the premises at any reasonable time, it is our expectation that in most cases this will be agreed between the parties.
The inspector will produce a written summary of its findings, a copy of which will be provided to the registered provider. In specific circumstances, the inspector will be required to produce a report.
The regulator may publish all or part of the summary of the inspector’s findings and report (where relevant) along with any related information it considers relevant.
The regulator will decide if further powers need to be exercised as a result of the findings of the inspection.
Appeal process
There is no statutory right of appeal or appeals’ process in accordance with the Regulator’s Appeals Scheme.