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Housing and Planning Act 2016
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- UK Public General Acts
- 2016 c. 22
- SCHEDULE 2
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Point in time view as at 13/03/2024.
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Housing and Planning Act 2016, SCHEDULE 2 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 25
SCHEDULE 2E+WBanned person may not hold HMO licence etc
This schedule has no associated Explanatory Notes
1E+WThe Housing Act 2004 is amended as follows.
Commencement Information
I1Sch. 2 para. 1 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
2E+WIn section 64 (grant or refusal of HMO licence), in subsection (3), after paragraph (a) insert—
“(aa)that no banning order under section 16 of the Housing and Planning Act 2016 is in force against a person who—
(i)owns an estate or interest in the house or part of it, and
(ii)is a lessor or licensor of the house or part;”.
Commencement Information
I2Sch. 2 para. 2 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
3E+WIn section 66 (HMO licence: tests for fitness etc), after subsection (3) insert—
“(3C)A person is not a fit and proper person for the purposes of section 64(3)(b) or (d) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person.”
Commencement Information
I3Sch. 2 para. 3 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
4E+WIn section 68 (licences: general requirements and duration), in subsection (3)(b), after “section 70” insert “ or 70A ”.
Commencement Information
I4Sch. 2 para. 4 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
5E+WFor the heading of section 70 substitute “ Power to revoke licences ”.
Commencement Information
I5Sch. 2 para. 5 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
6E+WAfter section 70 insert—
“70ADuty to revoke licence in banning order cases
(1)The local housing authority must revoke a licence if a banning order is made against the licence holder.
(2)The local housing authority must revoke a licence if a banning order is made against a person who—
(a)owns an estate or interest in the house or part of it, and
(b)is a lessor or licensor of the house or part.
(3)The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.
(4)The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.
(5)In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.”
Commencement Information
I6Sch. 2 para. 6 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
7E+WIn section 88 (grant or refusal of Part 3 licence), in subsection (3), after paragraph (a) insert—
“(aa)that no banning order under section 16 of the Housing and Planning Act 2016 is in force against a person who—
(i)owns an estate or interest in the house or part of it, and
(ii)is a lessor or licensor of the house or part;”.
Commencement Information
I7Sch. 2 para. 7 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
8E+WIn section 89 (Part 3 licences: tests for fitness etc), after subsection (3) insert—
“(3C)A person is not a fit and proper person for the purposes of section 88(3)(a) or (c) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person.”
Commencement Information
I8Sch. 2 para. 8 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
9E+WIn section 91 (licences: general requirements and duration), in subsection (3)(b), after “section 93” insert “ or 93A ”.
Commencement Information
I9Sch. 2 para. 9 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
10E+WFor the heading of section 93 substitute “ Power to revoke licences ”.
Commencement Information
I10Sch. 2 para. 10 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
11E+WAfter section 93 insert—
“93ADuty to revoke licence in banning order cases
(1)The local housing authority must revoke a licence if a banning order is made against the licence holder.
(2)The local housing authority must revoke a licence if a banning order is made against a person who—
(a)owns an estate or interest in the house or part of it, and
(b)is a lessor or licensor of the house or part.
(3)The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.
(4)The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.
(5)In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.”
Commencement Information
I11Sch. 2 para. 11 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
12(1)Schedule 5 (licences under Parts 2 and 3: procedure and appeals) is amended as follows.E+W
(2)After paragraph 11 insert—
“11AThe requirements of paragraph 5 do not apply where the refusal to grant the licence was because of section 66(3C) or 89(3C) (person with banning order not a fit and proper person).”
(3)After paragraph 25 insert—
“25AThe requirements of paragraph 22 do not apply if the revocation is required by section 70A or 93A (duty to revoke licence in banning order cases).”
(4)After paragraph 32 insert—
“No rights of appeal where banning order involvedE+W
32A(1)The right of appeal under paragraph 31(1)(a) does not apply where a licence is refused because of section 66(3A) or 89(3A) (person with banning order not a fit and proper person).
(2)The right of appeal under paragraph 32(1)(a) does not apply in relation to the revocation of a licence required by section 70A or 93A (duty to revoke licence in banning order cases).”
Commencement Information
I12Sch. 2 para. 12 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)
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