Commentary on provisions of Act Appeals Schedule 4: Appeals
Schedule 4 makes amendments to the HRA 2008, relating to appeals against deregistration decisions and enforcement action. These amendments provide that such appeals must be brought within 28 days of when the body or registered provider is given notice of the relevant decision or action. The amendments also stipulate that a requirement to pay a penalty or compensation is suspended during the appeal period (including during the period when an appeal could be brought).
	Paragraph 2 amends section 115 (profit-making and non-profit-making organisations), to require the regulator to notify a registered provider in cases where it changes its registered designation from profit to non-profit, or vice versa.
	Paragraph 3 adds subsection (2A) to section 116 (voluntary registration), requiring the regulator to notify a body of the outcome of its application to be registered as a provider of social housing.
	Paragraph 4 amends section 118 (compulsory de-registration) to provide that the regulator must give a private registered provider notice that it is considering deregistering them, that specifies a minimum 14-day period for the provider to make representations (as well as a supplementary duty for the regulator to consider any representations that are made). It also provides that the regulator must notify a private registered provider of its decision to remove it from the register because it is no longer eligible for registration, has ceased to meet a relevant standard or has ceased to carry out activities.
	Paragraph 5 amends section 121 (registration decisions: appeals) which provides that a body may appeal a decision by the regulator to de-register it using de-registration powers in section 118 or to refuse to register or de-register it. It adds a right of appeal in respect of designation decisions under section 115. An appeal under this section must be brought within a 28-day period beginning with the day on which the body is notified of the decision it wishes to appeal. A definition of ‘appeal period’ isF added. It is defined, if an appeal is brought, as the period beginning with the day on which notice of the decision to be appealed against is given to a provider and ending with the day on which the appeal is finally determined or withdrawn, and otherwise the time in which an appeal could be brought, i.e., the 28-day period. Subsection (2B) states that the provisions relating to appeals do not apply to a decision of the regulator to de-register a private registered provider that has ceased to exist (under 118(1)(c)).
	Paragraph 6 adds a new subsection (2) to section 223 (enforcement notice: appeal) which provides that an appeal against an enforcement notice must be brought within a 28-day period beginning with the day on which the registered provider is given the enforcement notice.
	Paragraphs 7 and 8 amend sections 235 (penalty notice: appeals) and 245 (compensation notice: appeals) respectively so that an appeal under the respective section must be brought within a 28-day period beginning with the day on which the registered provider is given the penalty/compensation notice. A new subsection (3) adds that the requirement to pay the penalty/compensation is suspended during the appeal period, and subsection (4) clarifies that regulations made under section 234(2) and 244(2) may not authorise the regulator to charge interest or impose additional penalties/compensation during the appeal period. New subsection (5) defines ‘appeal period’ in the same way as in section 121.
	Paragraph 9 amends section 247 (management tender) so that the regulator must issue a notice in cases where it requires a registered provider to invite applications for and make an appointment to undertake management functions of the registered provider.
	Paragraphs 10, 12 and 14 add a new subsection to sections 248 (management tender: procedure and appeal), 250 (management transfer: procedure and appeal) and 252 (appointment of manager: procedure and appeal). These provide that an appeal must be brought within a 28-day period beginning with the day on which the registered provider is notified of the imposition of requirements under these sections or of an appointment under section 252. Paragraph 11 changes section 249 so that the regulator must issue a notice in cases where it requires a registered provider to transfer management functions to a specified person.
	Paragraph 13 changes section 251 so that where the regulator appoints a new manager to a registered provider or requires a provider to appoint a new manager, this must be done by notice to the provider.
	New subsections (7A) and (5A) are added to sections 259 (suspension of officer etc during inquiry) and 260 (removal or suspension of officer etc following inquiry) respectively by paragraphs 15 and 16, providing that if the regulator makes an order suspending/removing an officer, employee or agent of a registered provider, it must notify the registered provider and take all reasonable steps to notify the person suspended or removed.
	Paragraph 17 adds a new subsection (1A) to section 267 (removal of officers: supplemental), providing that if the regulator makes an order removing an officer from a registered provider, it must notify the registered provider and take all reasonable steps to notify the person removed.
	Paragraph 18 amends section 268 (removal or suspension of officer etc: appeals) so that an appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.