Section 23 — Housing and Planning Act 2016: Financial penalty for breach of banning order

Financial penalty for breach of banning order 23 1 The responsible local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to an offence under section 21(1).

2 In this section “ responsible local housing authority ” means the local housing authority for the area in which the housing to which the conduct relates is situated.

3 Only one financial penalty under this section may be imposed in respect of the same conduct unless subsection (4) allows another penalty to be imposed.

4 If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.

5 The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000 .

6 The responsible local housing authority may not impose a financial penalty in respect of any conduct amounting to an offence under section 21(1) if—

a the person has been convicted of an offence under that section in respect of the conduct, or b criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.

7 Schedule 1 deals with—

a the procedure for imposing financial penalties, b appeals against financial penalties, and c enforcement of financial penalties.

8 The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.

9 The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

10 A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this section or Schedule 1.