Section 135 — Housing and Planning Act 2016: Enforcement of client money protection scheme regulations

Enforcement of client money protection scheme regulations 135 1 The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section 133.

2 The regulations may—

a confer functions on a local authority in England;

b require a property agent who fails to comply with a duty imposed by regulations under 133 to pay a financial penalty (or more than one penalty in the event of a continuing failure).

3 The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State or the lead enforcement authority (if not the Secretary of State) .

4 The provision that may be made under subsection (2)(b) includes provision—

a about the procedure to be followed in imposing penalties;

b about the amount of penalties;

c conferring rights of appeal against penalties;

d for the enforcement of penalties;

e authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions (whether or not the function is expressed to be a function of a local weights and measures authority) .

5 In this section “ local authority in England ” means a local weights and measures authority in England.

6 For provisions about enforcement of regulations under section 133 or 134 or under this section by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.

7 In this section “ lead enforcement authority ” has the meaning given by section 24(1) of the Tenant Fees Act 2019.