Regulation 65 Sanctions for breaches of the consent provisionI1
England, Wales and Scotland
This regulation applies where the Secretary of State is satisfied that there is a breach of the consent provision.
If the Secretary of State is satisfied that the improvement for which the necessary permission or consent should have been obtained—
has been removed from the property, the Secretary of State F1must impose cancellation;
has not been removed from the property, the Secretary of State F2may impose cancellation,
on the relevant person.
Where cancellation is imposed on the relevant person, the Secretary of State—
except where sub-paragraph (b) applies, must impose compensation;
where a person other than the improver is wholly or partly responsible for the breach, may impose compensation,
on the improver.
Where paragraph (3)(b) applies, imposing compensation means that the Secretary of State requires the improver to pay to the relevant person such amount (as a fixed sum or in instalments) as the Secretary of State may determine, being an amount not exceeding the sum payable under paragraph (a) of the definition of compensation in regulation 51.
Annotations
Textual amendments
- F1
Word in reg. 65(2)(a) substituted (28.1.2013) by The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2013 (S.I. 2013/139), regs. 1, 15(a)
- F2
Word in reg. 65(2)(b) substituted (28.1.2013) by The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2013 (S.I. 2013/139), regs. 1, 15(b)