|
|
| |
| |
|
| | (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 |
|
| | |
| |
| | Regulations: supplementary |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In sections [Regulations about powers to require information in connection with |
|
| | housing fraud] and [Regulations about related offence] “the appropriate |
|
| | |
| | (a) | the Secretary of State, in relation to England, and |
|
| | (b) | the Welsh Ministers, in relation to Wales. |
|
| | (2) | Regulations under section [Regulations about powers to require information in |
|
| | connection with housing fraud] or [Regulations about related offences]— |
|
| | (a) | are to be made by statutory instrument, |
|
| | (b) | may make different provision for different cases or circumstances, and |
|
| | (c) | may contain incidental, supplementary, consequential, transitional, |
|
| | transitory or saving provision. |
|
| | (3) | 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. |
|
| | (4) | 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.’. |
|
| |
|
|
| |
| |
|
| |
| |
| | |
| Schedule, page 9, line 12, at end insert— |
|
| | |
| | 3A | In section 1 of the Housing Act 1988 (meaning of assured tenancy), after |
|
| | |
| | “(1A) | Subsection (1) has effect subject to section 15A (loss of assured |
|
| | |
| |
| |
| |
| | |
| Schedule, page 10, line 3, leave out paragraph 8. |
|
| |
| |
| | |
| Schedule, page 10, line 8, at end 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).”’. |
|
| |
| |
| | |
| Schedule, page 10, line 17, after ‘if’, insert ‘— |
|
| | (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 |
|
| | |
| |
| |
| | |
| Schedule, page 10, line 20, leave out from first ‘of’ to end of line 21 and insert ‘that |
|
| Act in respect of such profit’. |
|
| |
| |
| | |
| Schedule, page 10, line 21, at end insert— |
|
| | ‘11A | In section 7(3) (calculation of recoverable amount), after “section 6(6)” insert |
|
| | |