Decision details

Financial Penalties as an Alternative to Prosecution for Certain Offences Under the Housing Act 2004- Section 126 of the Housing and Planning Act 2017

Decision Maker: Cabinet

Decision status: For Determination

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

To see approval for a policy and procedure designed to implement Section 126 of the Housing and Planning Act 2016; which allows local authorities to implement financial penalties as an alternative to prosecution for certain offences under the Housing Act 2004.

Decision:

(a)  That the Neighbourhood Services Lead, Resilience and Enforcement Neighbourhood Manager, Housing Regulation Manager and Housing Regulation Officers be given delegated authority to implement the new legislative provisions within Section 126 and Schedule 9 of the Housing and Planning Act 2016.

 

(b)  That the Policy and Protocol for issuing civil penalties up to a maximum of £30,000 for offences under the Housing Act 2004 be approved. The Policy is required by paragraphs 3.3 and 3.5 of the Government’s Statutory Guidance ‘Civil Penalties under the housing Act- Guidance for Local Authorities’ and sets out how the Local Authority will determine whether to issue a civil penalty or prosecute for relevant offences; as well as how the level of civil penalty will be determined. 

Publication date: 10/11/2017

Date of decision: 20/11/2017

Decided at meeting: 20/11/2017 - Cabinet

Accompanying Documents: