Commentary on provisions of Act Standards Section 27: Performance monitoring
Section 27 amends the HRA 2008 to insert new section 198C, which gives the regulator a power to direct registered providers to collect, process and publish information concerning their performance in relation to the regulator’s standards. The regulator can apply these directions to all registered providers or only to specified cases, circumstances or registered providers.
	The Regulator already has the power to set standards on this matter. This section gives the Regulator an additional power to direct registered providers on detailed matters relating to the process which will underpin the Tenant Satisfaction Measures scheme, as set out in the Social Housing White Paper. The scheme will provide tenants with greater transparency about their landlord’s performance and will inform the regulator about how a provider is complying with the consumer standards under a proactive consumer regulation regime.  Subsection (2) provides a non-exhaustive list of the things the regulator may direct on. Subsection (5) enables the regulator to require providers to provide it with performance information and an analysis of that information, and to provide detail about how the information is collected, processed and published so that the regulator can get assurances on the quality of the information and processes involved.
	Section 27 also amends section 220 and section 227 so that where a registered provider fails to comply with a direction made under section 198C or provide information requested under subsection (5) the regulator can take enforcement action by issuing an enforcement notice or imposing a financial penalty. In this circumstance the regulator will also be able to require a performance improvement plan (see new section 218A(1)(c) inserted by section 30).