OpenLegislation

Section 31 Enforcement of notice to provide information, &c.C1

England and Wales

(1)

A person who without reasonable excuse fails to do anything required of him by a notice under section 30 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)

A person who intentionally alters, suppresses or destroys a document which he has been required by a notice under section 30 to produce commits an offence and is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum,

F1(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(3)

Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of F2the Welsh Ministers or the Director of Public Prosecutions.

(4)

If a person makes default in complying with a notice under section 30, the High Court may, on the application of the Welsh Ministers, make such order as the court thinks fit for requiring the default to be made good.

Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a body who are responsible for its default.

Annotations

Textual amendments

F1

S. 31(2)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 12(1) (with Sch. 11 para. 12(2))

F2

Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications

C1

S. 31 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Notes on Part I

Textual amendments

F1

Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2

Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications

C1

Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2

Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Notes on Chapter IV

Textual amendments

F1

Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.