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Housing and Regeneration Bill
Schedule 8 — Penalty charge notices

176

 

Schedule 8

Section 271(3)

 

Penalty charge notices

Contents of notice

1          

A penalty charge notice given to a person under section 271 by an officer of

an enforcement authority must—

5

(a)   

state the officer’s belief that the person has committed a breach of

duty,

(b)   

give such particulars of the circumstances as may be necessary to

give reasonable notice of the breach of duty,

(c)   

require the person, within a period specified in the notice—

10

(i)   

to pay a penalty charge specified in the notice, or

(ii)   

to give notice to the enforcement authority that the person

wishes the authority to review the notice,

(d)   

state the effect of paragraph 7,

(e)   

specify the person to whom, and the address at which, the penalty

15

charge may be paid and the method or methods by which payment

may be made, and

(f)   

specify the person to whom, and the address at which, a notice

requesting a review may be sent (and to which any representations

relating to the review may be addressed).

20

2          

The penalty charge specified in the notice shall be of such amount (not

exceeding £1,000) as may be prescribed for the time being by regulations

made by the appropriate national authority.

3     (1)  

The period specified under paragraph 1(c) must not be less than 28 days

beginning with the day after that on which the penalty charge notice was

25

given.

      (2)  

The enforcement authority may extend the period for complying with the

requirement mentioned in paragraph 1(c) in any particular case if it

considers it appropriate to do so.

Review and withdrawal of notice

30

4     (1)  

Sub-paragraph (2) applies if, within the period specified under paragraph

1(c) (or that period as extended under paragraph 3(2)), the recipient of the

penalty charge notice gives notice to the enforcement authority requesting a

review.

      (2)  

The enforcement authority must—

35

(a)   

consider any representations made by the recipient and all other

circumstances of the case,

(b)   

decide whether to confirm or withdraw the notice, and

(c)   

give notice of its decision to the recipient.

      (3)  

A notice under sub-paragraph (2)(c) confirming the penalty charge notice

40

must also state the effect of paragraphs 6(1) to (4).

      (4)  

The enforcement authority must withdraw the penalty charge notice if it is

not satisfied of one (or more) of the following—

 
 

Housing and Regeneration Bill
Schedule 8 — Penalty charge notices

177

 

(a)   

that the recipient committed the breach of duty specified in the

notice,

(b)   

that the notice was given within the time allowed by section 271(2)

and complies with the other requirements imposed by virtue of this

Schedule, or

5

(c)   

that, in the circumstances of the case, it was appropriate for a penalty

charge notice to be given to the recipient.

5          

The enforcement authority may give the recipient of a penalty charge notice

a notice withdrawing the penalty charge notice if the authority considers

that the penalty charge notice ought not to have been given.

10

Appeals

6     (1)  

The recipient of a penalty charge notice may appeal to the county court

against the notice if the notice is confirmed by the enforcement authority

after a review.

      (2)  

The appeal must be made within the period of 28 days beginning with the

15

day after that on which the notice under paragraph 4(2)(c) is given.

      (3)  

The county court may extend the period for appealing against the notice.

      (4)  

An appeal must be on one (or more) of the following grounds—

(a)   

that the recipient did not commit the breach of duty specified in the

penalty charge notice,

20

(b)   

that the notice was not given within the time allowed by section

271(2) or does not comply with any other requirement imposed by

virtue of this Schedule, or

(c)   

that in the circumstances of the case it was inappropriate for the

notice to be given to the recipient.

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      (5)  

An appeal is to be by way of a rehearing.

      (6)  

On an appeal the court is to uphold the notice or quash it.

Recovery of penalty charge

7     (1)  

The amount of the penalty charge is recoverable from the recipient of the

penalty charge notice as a debt owed to the enforcement authority unless—

30

(a)   

the notice has been withdrawn or quashed, or

(b)   

the charge has been paid.

      (2)  

Proceedings for the recovery of the penalty charge may not be started before

the end of the period mentioned in paragraph 4(1).

      (3)  

Sub-paragraph (4) applies if, within that period, the recipient of the penalty

35

charge notice gives notice to the enforcement authority that the recipient

wishes the authority to review the penalty charge notice.

      (4)  

Proceedings for the recovery of the penalty charge may not be started—

(a)   

before the end of the period mentioned in paragraph 6(2), and

(b)   

where the recipient appeals against the penalty charge notice, before

40

the end of the period of 28 days beginning with the day on which the

appeal is withdrawn or determined.

8          

In proceedings for the recovery of the penalty charge, a certificate which—

 
 

Housing and Regeneration Bill
Schedule 9 — Demolition notices

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(a)   

purports to be signed by, or on behalf of, the person having

responsibility for the financial affairs of the enforcement authority,

and

(b)   

states that payment of the penalty charge was, or was not, received

by a date specified in the certificate,

5

           

is evidence of the facts stated.

Repayments

9          

The enforcement authority must repay any amount previously paid as a

penalty charge in pursuance of a penalty charge notice if the notice is

withdrawn or quashed.

10

Supplementary

10    (1)  

A penalty charge notice and any other notice mentioned in this Schedule

may be given by post.

      (2)  

Any such notice may be given—

(a)   

in the case of a body corporate (other than a limited liability

15

partnership), to the secretary or clerk of that body,

(b)   

in the case of a limited liability partnership, to any member or to any

person having control or management of the partnership business,

(c)   

in the case of any other partnership, to any partner or to any person

having control or management of the partnership business, and

20

(d)   

in the case of an unincorporated association, to any member or to any

person having control or management of the affairs of the

association.

11    (1)  

The appropriate national authority may by regulations make provision

supplementary or incidental to the preceding provisions of this Schedule.

25

      (2)  

Such provision may, in particular, include—

(a)   

provision prescribing—

(i)   

the form of penalty charge notices or any other notice

mentioned in this Schedule,

(ii)   

circumstances in which penalty charge notices may not be

30

given,

(iii)   

the method or methods by which penalty charges may be

paid,

(b)   

provision about the service of notices.

Schedule 9

35

Section 289

 

Demolition notices

Final demolition notices

1          

Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy:

final demolition notices) is amended as follows.

2     (1)  

Paragraph 13 (final demolition notices) is amended as follows.

40

 
 

Housing and Regeneration Bill
Schedule 9 — Demolition notices

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      (2)  

In sub-paragraph (5) (period of validity of final demolition notices)—

(a)   

omit the “and” following paragraph (a),

(b)   

in paragraph (b) for “(7)” substitute “(7A)”, and

(c)   

after paragraph (b) insert “and

(c)   

the provisions of paragraph 15A.”

5

      (3)  

In sub-paragraph (9) (certain references to landlord to include superior

landlord) after “15” insert “(other than paragraph 15(7A)”.

3     (1)  

Paragraph 15 (extension or revocation etc. of final demolition notices) is

amended as follows.

      (2)  

After sub-paragraph (7) (revocation notices) insert—

10

   “(7A)  

Sub-paragraphs (4) to (7) do not apply if the landlord is selling or

otherwise transferring his interest as landlord to another person or

is offering it for sale or for other transfer.”

      (3)  

In sub-paragraph (8) (restrictions on service of further notices)—

(a)   

after “in respect of it” insert “, by the landlord who served the earlier

15

notice or any landlord who served a continuation notice in respect of

the earlier notice,”,

(b)   

after “when the” insert “earlier”, and

(c)   

in paragraph (a) for “it” substitute “the further notice”.

4          

After paragraph 15 insert—

20

“15A  (1)  

This paragraph applies if—

(a)   

a final demolition notice is in force in respect of a dwelling-

house, and

(b)   

the landlord transfers his interest as landlord to another

person.

25

      (2)  

The final demolition notice (“the original notice”) continues in

force but this is subject to—

(a)   

paragraphs 13(5) and 15, and

(b)   

the following provisions of this paragraph.

      (3)  

Sub-paragraph (4) applies if the transferee—

30

(a)   

intends to demolish the dwelling-house, but

(b)   

has not—

(i)   

served a continuation notice, and

(ii)   

complied with the conditions in sub-paragraphs (8)

and (10),

35

   

within the period of 2 months beginning with the date of

transfer.

      (4)  

The transferee must proceed under paragraph 15(4) as if the

transferee has decided not to demolish the dwelling-house (and

paragraph 15(5) to (7) applies on the same basis).

40

      (5)  

A continuation notice is a notice—

(a)   

stating that the transferee—

(i)   

has acquired the interest concerned, and

 
 

Housing and Regeneration Bill
Schedule 9 — Demolition notices

180

 

(ii)   

intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)   

setting out the reasons why the transferee intends to

demolish the relevant premises,

5

(c)   

stating that one of conditions A to C in paragraph 14 is

satisfied in relation to the original notice (specifying the

condition concerned),

(d)   

stating that the original notice is to continue in force, and

(e)   

explaining the continued effect of the original notice.

10

      (6)  

A continuation notice may not vary the proposed demolition date

in the original notice nor the date when the original notice will

cease to be in force.

      (7)  

Sub-paragraph (8) applies if—

(a)   

the dwelling-house is contained in a building which

15

contains one or more other dwelling-houses, and

(b)   

the transferee intends to demolish the whole of the

building.

      (8)  

The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

20

addressed to him by name or just as “the occupier”).

      (9)  

An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph

(8) from being satisfied.

     (10)  

Paragraph 13(7) and (8) apply in relation to the transferee’s

25

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning

with the date of transfer.

     (11)  

Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6)

to (8) in relation to a final demolition notice so far as continued in

30

force under this paragraph.”

5          

In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15”

substitute “, 15 or 15A”.

Initial demolition notices

6          

Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is

35

amended as follows.

7          

In paragraph 2(1) (period of validity of initial demolition notices) for

“paragraph 3” substitute “paragraphs 3 and 3A”.

8          

In paragraph 3(1) (revocation of initial demolition notices: application of

paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “(7A)”.

40

9          

After paragraph 3 insert—

“Transfer of initial demolition notices

3A    (1)  

This paragraph applies if—

 
 

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Schedule 9 — Demolition notices

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(a)   

an initial demolition notice is in force in respect of a

dwelling-house, and

(b)   

the landlord transfers his interest as landlord to another

person.

      (2)  

The initial demolition notice (“the original notice”) continues in

5

force but this is subject to—

(a)   

paragraphs 2 and 3, and

(b)   

the following provisions of this paragraph.

      (3)  

Sub-paragraph (4) applies if the transferee—

(a)   

intends to demolish the dwelling-house, but

10

(b)   

has not—

(i)   

served a continuation notice, and

(ii)   

complied with the conditions in sub-paragraphs (8)

and (10),

   

within the period of 2 months beginning with the date of

15

transfer.

      (4)  

The transferee must proceed under paragraph 15(4) of Schedule 5

as applied by paragraph 3(1) above as if the transferee has decided

not to demolish the dwelling-house (and paragraph 15(5) to (7) of

that Schedule as so applied applies on the same basis).

20

      (5)  

A continuation notice is a notice—

(a)   

stating that the transferee—

(i)   

has acquired the interest concerned, and

(ii)   

intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

25

relevant premises”),

(b)   

setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)   

stating that the original notice is to continue in force, and

(d)   

explaining the continued effect of the original notice.

30

      (6)  

A continuation notice may not vary the period specified in the

original notice in accordance with paragraph 1(1)(c).

      (7)  

Sub-paragraph (8) applies if—

(a)   

the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

35

(b)   

the transferee intends to demolish the whole of the

building.

      (8)  

The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

40

      (9)  

An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph

(8) from being satisfied.

     (10)  

Paragraph 13(7) of Schedule 5 applies in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

45

for a notice to appear within the period of 2 months beginning

 
 

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Schedule 10 — Disposals of dwelling-houses by local authorities

182

 

with the date of transfer; and paragraph 2(3) above applies for this

purpose.

     (11)  

Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2)

and (3) in relation to an initial demolition notice so far as

continued in force under this paragraph.”

5

10    (1)  

Paragraph 4 (restrictions on service of further notices) is amended as

follows.

      (2)  

In sub-paragraph (2) (further initial demolition notices)—

(a)   

after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

10

respect of the relevant notice,”, and

(b)   

in paragraph (a) for “it” substitute “the further notice”.

      (3)  

In sub-paragraph (3) (final demolition notices)—

(a)   

after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

15

respect of the relevant notice,”, and

(b)   

in paragraph (a) for “it” substitute “the final demolition notice”.

11         

In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “, 15 or

15A”.

12         

In paragraph 6(1) (interpretation) after “Schedule” insert “(other than

20

paragraph 3A)”.

Transitional provision

13         

This Schedule does not apply to notices served before the coming into force

of the Schedule.

Schedule 10

25

Section 295

 

Disposals of dwelling-houses by local authorities

Housing Act 1985 (c. 68)

1     (1)  

The Housing Act 1985 is amended as follows.

      (2)  

In section 34 (consents in relation to disposals of land held for housing

purposes)—

30

(a)   

in subsection (1) for “Secretary of State’s” substitute “appropriate

national body’s”,

(b)   

in subsection (4A)—

(i)   

for “Secretary of State” substitute “appropriate national

body”,

35

(ii)   

after “disposal;” at the end of paragraph (c), insert—

“(ca)   

in the case of a proposed large scale disposal, the

appropriate national body’s estimate of the

exchequer costs of the large scale disposal;”, and

(iii)   

in paragraph (d) for “he” substitute “the appropriate national

40

body”, and

 
 

 
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