Explanatory note

These Regulations bring into force certain provisions in Part 2 of the Housing and Planning Act 2016 (c. 22) (“the Act”).

Regulation 2(a) brings into force section 14(3) and (4) of the Act for the purpose of making regulations which enable the Secretary of State to specify the description of an offence that is a banning order offence.

Regulation 2(b) brings into force section 23(8) of the Act which enables the Secretary of State to make provision by regulations about how local housing authorities are to deal with financial penalties recovered for breach of a banning order.

Regulation 2(c) brings into force section 33 of the Act which enables the Secretary of State to make provision by regulations about the information that must be included in a person’s entry in the database of rogue landlords and property agents.

Regulation 2(d) brings into force paragraph 5(3) of Schedule 3 and section 26 (management orders following banning orders) so far as it relates to that paragraph. That paragraph enables the Secretary of State to, by regulations, make provision about how local authorities are to deal with any surplus if an interim management order is made under section 102(7A) of the Housing Act 2004 (c. 34) (“the 2004 Act”).

Regulation 2(e) brings into force paragraph 9 of Schedule 3 and section 26 (management orders following banning orders) so far as it relates to that paragraph. That paragraph enables the Secretary of State to, by regulations, make provision about how local authorities are to deal with any surplus if a final management order is made under section 113(3A) or (6A) of the 2004 Act.