OpenLegislation

Paragraph 2

England, Wales and Scotland

(1)

Where a person is requested by a F1localauthority to supply information under any provision included in regulations under paragraph 2, 3, 9 or 10(2) of Schedule 2 or paragraph 5 of Schedule 8 to this Act, the authority may impose a penalty of £50 on him if—

(a)

he fails to supply the information in accordance with the provision; or

(b)

in purported compliance with the provision he knowingly supplies information which is inaccurate in a material particular.

F2(1A)

Where a person is requested by a local authority to supply information under any provision included in regulations under paragraph 4(5B) of Schedule 2, the authority may impose on the person a penalty not exceeding £500 if—

(a)

the person fails to supply the information in accordance with the provision; or

(b)

in purported compliance with the provision the person knowingly supplies information which is inaccurate in a material particular.

(2)

In any case where—

(a)

a person is required by any provision included in regulations under paragraph F34 4(5) , 5, 9 or 10(2) of Schedule 2 to this Act to notify a localauthority; and

(b)

he fails to notify the authority in accordance with the provision,

the authority may impose a penalty of £50 on him.

F4(2A)

A local authority may impose on a person a penalty not exceeding £500 in any case where—

(a)

the person is required by any provision included in regulations under paragraph 4(5A) of Schedule 2 to notify the authority; and

(b)

the person fails to notify the authority in accordance with the provision.

(3)

Where a penalty has been imposed on a person under sub-paragraph (1) F5or (1A) above and he is requested by the authority again to supply the same information under the same provision, the authority may impose a further penalty of £200F6, or of an amount not exceeding £500 if the request is under any provision included in regulations under paragraph 4(5B) of Schedule 2, on him if—

(a)

he fails to supply the information in accordance with the provision; or

(b)

in purported compliance with the provision he knowingly supplies information which is inaccurate in a material particular.

(4)

Sub-paragraph (3) above applies each time the authority repeats a request.

(5)

A penalty under this paragraph shall be paid to the authority imposing it.

(6)

If, after the imposition of a penalty under this paragraph but before the making of an appeal under paragraph 3 below against that imposition, the l ocalauthority are satisfied that the person upon whom the penalty was imposed had a reasonable excuse for his failure, they may revoke the imposition of the penalty.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 2 substituted (S.) (1.4.1996) 1994 c. 39, s. 180(1), Sch. 13 para. 176(17) (with s. 128(8)); S.I. 1996/323, art. 4(1)(b)(c)

F2

Sch. 3 para. 2(1A) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(a), 5(1)

F3

Word in Sch. 3 para. 2(2)(a) substituted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(b), 5(1)

F4

Sch. 3 para. 2(2A) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(c), 5(1)

F5

Words in Sch. 3 para. 2(3) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(d)(i), 5(1)

F6

Words in Sch. 3 para. 2(3) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(d)(ii), 5(1)