OpenLegislation

Regulation 41 Breaches in relation to non-domestic PR propertyI1I2

England and Wales

(1)

The penalties set out in this regulation apply where L is, or was, the landlord of a non-domestic PR property.

(2)

Where L has breached regulation 27 and, at the time the penalty notice is served has, or had, been in breach for less than three months, the penalties are—

(a)

a financial penalty not exceeding whichever is the greater of—

(i)

£5,000, and

(ii)

10% of the rateable value of the property,

provided that the financial penalty must not exceed £50,000, and

(b)

the publication penalty.

(3)

Where L has breached regulation 27 and, at the time the penalty notice is served has, or had, been in breach for three months or more, the penalties are—

(a)

a financial penalty not exceeding whichever is the greater of—

(i)

£10,000, and

(ii)

20% of the rateable value of the property,

provided that the financial penalty must not exceed £150,000, and

(b)

the publication penalty.

(4)

Where L has registered false or misleading information under regulation 36(2), or has failed to comply with a compliance notice in breach of regulation 37(4)(a), the penalties are—

(a)

a financial penalty not exceeding £5,000, and

(b)

the publication penalty.

(5)

In this regulation—

  • F1“local non-domestic rating list” means—

    1. (a)

      in relation to England, a list maintained under section 41 of the Local Government Finance Act 1988;

    2. (b)

      in relation to Wales, a list compiled and maintained under section 41ZA of the Local Government Finance Act 1988;

  • “rateable value”, in relation to a non-domestic PR property, means the rateable value shown for the property on a local non-domestic rating list at the time the penalty notice is served.

Annotations

Textual amendments

F1

Words in reg. 41(5) substituted (16.11.2024) by The Local Government Finance (Consequential and Miscellaneous Amendments and Revocations) (Secondary Legislation) (Wales) Regulations 2024 (S.I. 2024/998), regs. 1(3), 17

Commencement

I1

Reg. 41 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

I2

Reg. 41 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))