Regulation 41 Breaches in relation to non-domestic PR propertyI1I2
England and Wales
The penalties set out in this regulation apply where L is, or was, the landlord of a non-domestic PR property.
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 financial penalty not exceeding whichever is the greater of—
£5,000, and
10% of the rateable value of the property,
provided that the financial penalty must not exceed £50,000, and
the publication penalty.
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 financial penalty not exceeding whichever is the greater of—
£10,000, and
20% of the rateable value of the property,
provided that the financial penalty must not exceed £150,000, and
the publication penalty.
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 financial penalty not exceeding £5,000, and
the publication penalty.
In this regulation—
F1“local non-domestic rating list” means—
- (a)
in relation to England, a list maintained under section 41 of the Local Government Finance Act 1988;
- (b)
in relation to Wales, a list compiled and maintained under section 41ZA of the Local Government Finance Act 1988;
- (a)
“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))