House of Commons Notices of Amendments
given on
Wednesday 17 October 2012
Public Bill Committee
Prevention of Social Housing Fraud Bill

‘(10A) If the amount required to be paid by a person under an unlawful profit order is not
paid when it is required to be paid, that person must pay interest on the amount
for the period for which it remains unpaid.

(10B) The rate of interest is the same rate as that for the time being specified in section
17 of the Judgments Act 1838 (interest on civil judgment debts).’.

‘(4A) The amount payable under an unlawful profit order must be such amount as the
court considers appropriate, having regard to any evidence and to any
representations that are made by or on behalf of the landlord or the tenant, but
subject to subsections (5) and (6).’.

‘(3A) In this section “registered social landlord” has the same meaning as in Part 1 of
the Housing Act 1996.’.

‘(7A) In this Act “local authority” means a county council, a county borough council, a
district council, a London borough council, the Common Council of the City of
London or the Council of the Isles of Scilly.

(7B) In this Act “registered social landlord” has the same meaning as in Part 1 of the
Housing Act 1996.’.

‘( 1) The appropriate authority may by regulations provide for the exercise, for
prescribed housing fraud investigation purposes, of powers to require the
provision of information.

(2) The appropriate authority may by regulations—

(a) make provision about the persons by whom powers conferred by
regulations under this section may be exercised;

(b) in particular, make provision for the authorisation by local authorities of
persons to exercise those powers.

(3) The provision that may be made by regulations under this section includes, in
particular, provision equivalent to—

(a) provision made by a relevant enactment, or

(b) provision that is capable of being made under a relevant enactment,

with such modifications as the appropriate authority thinks fit.

(4) For the purposes of subsection (3), each of the following enactments is a “relevant
enactment”—

(a) section 109B of the Social Security Administration Act 1992 (powers to
require information);

(b) section 110A of that Act (authorisations by local authorities to exercise
powers of investigation);

(c) section 121DA(2) and (3) of that Act (interpretation of Part 6 of that Act).

(5) After the repeal of section 110A of the Social Security Administration Act 1992
by Part 1 of Schedule 14 to the Welfare Reform Act 2012, the reference to that
section in subsection (4) is to that section as it had effect immediately before it
was repealed.

(6) A person exercising powers conferred by regulations under this section must
comply with guidance issued or approved by the appropriate authority.

(7) In this section “housing fraud investigation purposes” means purposes relating to
the prevention, detection or securing of evidence for a conviction of —

(a) an offence under this Act;

(b) an offence under the Fraud Act 2006 relating to the unlawful sub-letting
or parting with possession of the whole or part of a dwelling-house let by
a local authority, a private registered provider of social housing or a
registered social landlord,

(c) an offence under the Fraud Act 2006 relating to an application for an
allocation of housing accommodation under Part 6 of the Housing Act
1996,

(d) an offence under the Fraud Act 2006 relating to an application for
accommodation, or for assistance in obtaining accommodation, under
Part 7 of the Housing Act 1996,

(e) an offence under the Fraud Act 2006 relating to—

(i) a claim to exercise the right to buy under Part 5 of the Housing
Act 1985,

(ii) a claim to exercise the right to acquire under section 16 of the
Housing Act 1996, or

(iii) a claim to exercise the right to acquire under section 180 of the
Housing and Regeneration Act 2008, or

(f) an associated offence in relation to an offence mentioned in any of
paragraphs (a) to (e).

(8) In this section “prescribed” means prescribed by regulations under this section.’.

‘( 1) The appropriate authority may by regulations provide for the creation of an
offence that may be committed by a person by refusing or failing to provide any
information or document when required to do so by or under regulations under
section [Regulations about powers to require information in connection with
housing fraud].

(2) Regulations under this section—

(a) must provide for an offence under the regulations to be triable only
summarily;

(b) may not provide for such an offence to be punishable with a fine
exceeding level 3 on the standard scale.

(3) Regulations under this section—

(a) may provide, in a case where a person is convicted of an offence under
the regulations and the act or omission constituting the offence continues
after the conviction, for the person to be guilty of a further offence and
liable on summary conviction to a daily fine;

(b) may not provide for the daily fine to exceed £40.

(4) The appropriate authority may by regulations make provision—

(a) about defences to an offence under regulations under this section;

(b) about the commission by a body corporate of such an offence;

(c) about the conduct of proceedings for such an offence;

(d) about the time limits for bringing such proceedings;

(e) about the determination of issues arising in such proceedings;

(f) about other matters of procedure and evidence in relation to such an
offence.’.

‘( 1) In sections [Regulations about powers to require information in connection with
housing fraud] and [Regulations about related offence] “the appropriate
authority” means—

(a) the Secretary of State, in relation to England, and

(b) the Welsh Ministers, in relation to Wales.

(2) A statutory instrument containing regulations made by the Secretary of State
under section [Regulations about powers to require information in connection
with housing fraud] or [Regulations about related offence] may not be made
unless a draft of the instrument has been laid before and approved by a resolution
of each House of Parliament.

(3) A statutory instrument containing regulations made by the Welsh Ministers under
section [Regulations about powers to require information in connection with
housing fraud] or [Regulations about related offence] may not be made unless a
draft of the instrument has been laid before and approved by a resolution of the
National Assembly for Wales.’.

‘Housing Act 1988 (c.50)

3A.

In section 1 of the Housing Act 1988 (meaning of assured tenancy), after
subsection (1) insert—

‘8A.

In section 133(3)(c) (review of compensation order where person subject to
confiscation order made in same proceedings), after “Proceeds of Crime Act
2002” insert “or an unlawful profit order under section 4 of the Prevention of
Social Housing Fraud Act 2012 (or both).”’.

(a) an order has been made, or it believes an order may be made, against the
defendant under section 4 (criminal unlawful profit orders) of the
Prevention of Social Housing Fraud Act 2012 in respect of profit made
by the defendant in connection with the conduct, or

(b) ’.

‘11A.

In section 7(3) (calculation of recoverable amount), after “section 6(6)” insert
“or 6(6A)”.’.