The Housing and Planning Act 2016 (Commencement No. 6) Regulations 2017

Made: 1st November 2017

The Secretary of State, in exercise of the powers conferred by section 216(3) and (4) of the Housing and Planning Act 2016[^f00001], makes the following Regulations.

Citation and interpretation

1

These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 6) Regulations 2017.

Provisions coming into force on 3rd November 2017

2

The following provisions of the Housing and Planning Act 2016 come into force on 3rd November 2017—

• (a) section 14(3) and (4) (“banning order” and “banning order offence”) for the purpose only of making regulations to specify the description of an offence that is a banning order offence;

• (b) section 23(8) (financial penalty for breach of banning order);

• (c) section 33 (information to be included in the database);

• (d) paragraph 5(3) of Schedule 3 and section 26 (management orders following banning orders), so far as it relates to that paragraph;

• (e) paragraph 9 of Schedule 3 and section 26 (management orders following banning orders), so far as it relates to that paragraph.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Alok Sharma — Minister of State — Department for Communities and Local Government — 1st November 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force certain provisions in Part 2 of the Housing and Planning Act 2016 (c. 22) (“the Act”).

Regulation 2(a) brings into force section 14(3) and (4) of the Act for the purpose of making regulations which enable the Secretary of State to specify the description of an offence that is a banning order offence.

Regulation 2(b) brings into force section 23(8) of the Act which enables the Secretary of State to make provision by regulations about how local housing authorities are to deal with financial penalties recovered for breach of a banning order.

Regulation 2(c) brings into force section 33 of the Act which enables the Secretary of State to make provision by regulations about the information that must be included in a person’s entry in the database of rogue landlords and property agents.

Regulation 2(d) brings into force paragraph 5(3) of Schedule 3 and section 26 (management orders following banning orders) so far as it relates to that paragraph. That paragraph enables the Secretary of State to, by regulations, make provision about how local authorities are to deal with any surplus if an interim management order is made under section 102(7A) of the Housing Act 2004 (c. 34) (“the 2004 Act”).

Regulation 2(e) brings into force paragraph 9 of Schedule 3 and section 26 (management orders following banning orders) so far as it relates to that paragraph. That paragraph enables the Secretary of State to, by regulations, make provision about how local authorities are to deal with any surplus if a final management order is made under section 113(3A) or (6A) of the 2004 Act.

Footnotes

[^f00001]: 2016 c. 22.