Houses in Multiple Occupation Act (Northern Ireland) 2016

Fixed penalty: service of notice

64.—(1) This section applies where an authorised officer of a council has reason to believe that a person has committed an offence under any of the following provisions—

(a) section 30, 31, 32 or 33;

(b) section 37(1);

(c) section 49;

(d) section 60;

(e) section 75;

(f) section 80(5);

(g) section 82(4);

(h) paragraph 14 of Schedule 2;

(i) paragraph 8 of Schedule 3.

(2) The officer may serve on the person a notice which—

(a) offers the person the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty,

(b) contains the information required by subsections (3) to (5) and (7),

(c) contains such other information as may be specified in regulations made by the Department, and

(d) is in such form as the council specifies by general notice.

(3) The notice must give particulars of the circumstances alleged to constitute the offence.

(4) The notice must state the amount of the fixed penalty, which is to be determined by the council but must not exceed—

(a) in the case of an offence under section 30(1) or (2), 31(1) or 60(1), (2) or (4), £5,000;

(b) in the case of an offence under section 30(3), 31(2) or (3), 32, 33 or 37(1), £2,500;

(c) in the case of an offence under section 60(6), 80(5) or 82(4) or paragraph 8 of Schedule 3, £500;

(d) in the case of an offence under section 49, section 75 or paragraph 14 of Schedule 2, £200.

(5) The notice must state the period during which (in accordance with section 65(1)) proceedings will not be commenced for the offence.

(6) The fixed penalty is to be payable to the council.

(7) The notice must state the arrangements for paying the fixed penalty; and those arrangements must include, at the least, a person to whom and an address at which the fixed penalty may be paid.

(8) An “authorised officer” of a council is an officer who is authorised in writing by the council for the purposes of this section.