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Paragraph 7 Proceeds of financial penalties

Original text. Later amendments are not shown.

(1)

Where a local housing authority imposes a financial penalty under these Regulations, it may apply the proceeds to meet the costs and expenses incurred in, or associated with, carrying out any of its enforcement functions in relation to the private rented sector.

(2)

Any part of any financial penalty recovered which is not to be applied in accordance with sub-paragraph (1) must be paid into the Consolidated Fund.

(3)

In sub-paragraph (1)—

  • “enforcement function” means, in relation to a local authority—

    1. (a)

      any of its functions—

      1. (i)

        under these Regulations;

      2. (ii)

        under Parts 1 to 4 of the Housing Act 2004; or

      3. (iii)

        under Part 2 of the Housing and Planning Act 2016; or

    2. (b)

      in a case not covered by paragraph (a), any of its functions—

      1. (i)

        connected with an investigation of, or proceedings relating to, a contravention of the law relating to housing or landlords and tenants; or

      2. (ii)

        connected with the promotion of compliance with the law relating to housing or landlords and tenants; and

  • “private rented sector” means—

    1. (a)

      residential premises in England that are let, or intended to be let by a private landlord under a tenancy;

    2. (b)

      the activities of a private landlord under a tenancy of residential premises in England.