OpenLegislation

Section 18 No criminal liability of the Crown under Part 1 of 1988 ActI1I2

England and Wales

In section 44 of the 1988 Act (application of Part 1 of that Act to Crown property)—

(a)

in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”;

(b)

after subsection (1) insert—

“(1A)

In Chapter 1—

(a)

section 16J does not bind the Crown;

(b)

in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person—

(i)

being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied,

(ii)

contravening section 16E(2) or (3),

(iii)

satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or

(iv)

satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4),

and section 16K(4) is to be read accordingly.

(1B)

Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.”

Annotations

Commencement

I1

S. 18 not in force at Royal Assent, see s. 145(1)(8)

I2

S. 18 in force at 1.5.2026 for specified purposes by S.I. 2026/421, reg. 2(a)