Agenda item

(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. 

The Director of Place & Development introduced a report that sought approval for the policy and protocol for issuing Fixed Penalties as an alternative to prosecution for specific offences under the Housing Act 2004.

The approach would provide greater flexibility in dealing with breaches of housing legislation and provided an alternative sanction to criminal prosecutions, which were resource intensive to pursue.  After due consideration, the policy, protocol and relevant delegations were approved.

Resolved –

(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 was 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 set 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.