Section 9C Compliance notice under section 9A: power to demand expensesF1

England and Wales

(1)

When serving a compliance notice on an occupier of land, a local authority may impose a charge on the occupier as a means of recovering expenses incurred by them—

(a)

in deciding whether to serve the notice, and

(b)

in preparing and serving the notice or a demand under subsection (3).

(2)

The expenses referred to in subsection (1) include in particular the costs of obtaining expert advice (including legal advice).

(3)

The power under subsection (1) is exercisable by serving the compliance notice together with a demand which sets out—

(a)

the total expenses the local authority seek to recover under subsection (1) (“relevant expenses”),

(b)

a detailed breakdown of the relevant expenses, and

(c)

where the local authority propose to charge interest under section 9I, the rate at which the relevant expenses carry interest.

(4)

Where a tribunal allows an appeal under section 9A against the compliance notice with which a demand was served, it may make such order as it considers appropriate—

(a)

confirming, reducing or quashing any charge under this section made in respect of the notice, and

(b)

varying the demand as appropriate in consequence.

Annotations

Textual amendments

F1: Ss. 9A-9C inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 4(2), 15(1)

Notes on Part I

Modifications

C1: Pt. I extended by London Government Act 1963 (c. 33), Sch. 17 para. 21(1)
C2: Pt. I (ss. 1–32) applied (E.W.) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 31(7), 66(7)
C3: Pt. I (ss. 1-32) definition of caravan applied by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2; 103:2), s. 2(3)(as amended by Caravans (Standard Community Charge and Rating) Act 1991 (c. 2, SIF 81:1,2), s. 2(1))
C4: Pt. I (ss. 1-32) applied (E.W.) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 7(6) (with s. 118(1)(2)(4)).
C5: Pt. I: power to disapply conferred (W.) (28.4.2026) by Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 (asc 10), ss. 57(2)(b), 61(1)