Paragraph 6 I1I2

After section 6 insert—

“Financial penalties relating to category 1 hazards or type 1 requirements

6A

(1)

This section applies where—

(a)

a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to—

(i)

the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or

(ii)

a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and

(b)

in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement.

(2)

When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.

(3)

In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.

(4)

For the purposes of subsection (3)—

(a)

it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and

(b)

any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1.

(5)

In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1.

(6)

The amount of the penalty is to be determined by the authority but must not be more than £7,000.

(7)

A penalty under this section may relate to—

(a)

more than one category 1 hazard on the same premises,

(b)

more than one failure to meet type 1 requirements by the same premises, or

(c)

any combination of such hazards or failures on or by the same premises.

(8)

The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.

(9)

Schedule A1 makes provision about—

(a)

the procedure for imposing a financial penalty under this section,

(b)

appeals against financial penalties under this section,

(c)

enforcement of financial penalties under this section, and

(d)

how local housing authorities are to deal with the proceeds of financial penalties under this section.”