Housing and Regeneration Act 2008 (c. 17)

Part 2 E+W Regulation of Social Housing

Modifications etc. (not altering text)

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)

Chapter 2 E+W The Social Housing Regulator

Information E+W

108 Section 107: supplemental E+W

(1) A requirement 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.

(2) A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a) the registered provider to whose affairs or activities the documents or information relates,

(b) a subsidiary of the registered provider, or

(c) an associate of the registered provider.

(3) A person guilty of an offence under section 107(5) is liable on summary conviction to a fine F1 ....

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

(a) on summary conviction, to a fine F2 ...;

(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) or (6) 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.

Textual Amendments

F1 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)

F2 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)

Commencement Information

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