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PART 1 E+WREGULATION OF PRIVATE RENTED HOUSING

EnforcementE+W

28Prosecution by a licensing authority or a local housing authorityE+W

(1)A licensing authority may bring criminal proceedings in respect of an offence under —

(a)section 4(2), 6(4), 7(5), 9(2), 11(3) or 13(3) if the alleged offence arises in respect of a dwelling in the area for which it is the licensing authority;

(b)section 16(3) or 23(3), in respect of information to be provided to the licensing authority;

(c)subsection (1) or (4) of section 38, in respect of anything required by a notice given by a person authorised by the authority;

(d)subsection (1) or (2) of section 39, in respect of information supplied to the authority.

(2)A local housing authority that is not the licensing authority for its area may, with the consent of the licensing authority for the area, bring criminal proceedings in respect of an offence under section 4(2), 6(4), 7(5), 9(2), 11(3) or 13(3), if the alleged offence arises in respect of a dwelling in its area.

(3)A licensing authority may give its consent under subsection (2) generally or in specific cases.

(4)This section does not affect—

(a)any other power of the person designated under section 3 to bring legal proceedings;

(b)section 222 of the Local Government Act 1972 (power of local authorities to prosecute or defend legal proceedings).

Commencement Information

I1S. 28 in force at 23.11.2016 by S.I. 2016/1066, art. 2