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Housing and Planning Act 2016
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Housing and Planning Act 2016, Section 31 is up to date with all changes known to be in force on or before 27 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 95(1)(ia) inserted by 2023 c. 36 Sch. 1 para. 2
- s. 100(7)(aa) inserted by 2023 c. 36 Sch. 1 para. 3
- s. 172(1)(a) words renumbered as s. 172(1)(a) by 2017 c. 20 s. 26(8)(a)(i)
- s. 172(1)(b) inserted by 2017 c. 20 s. 26(8)(a)(ii)
31Procedure for inclusion under section 30E+W
This section has no associated Explanatory Notes
(1)If a local housing authority decides to make an entry in the database in respect of a person under section 30 it must give the person a decision notice before the entry is made.
(2)The decision notice must—
(a)explain that the authority has decided to make the entry in the database after the end of the period of 21 days beginning with the day on which the notice is given (“the notice period”), and
(b)specify the period for which the person's entry will be maintained, which must be at least 2 years beginning with the day on which the entry is made.
(3)The decision notice must also summarise the person's appeal rights under section 32.
(4)The authority must wait until the notice period has ended before making the entry in the database.
(5)If a person appeals under section 32 within the notice period the local housing authority may not make the entry in the database until—
(a)the appeal has been determined or withdrawn, and
(b)there is no possibility of further appeal (ignoring the possibility of an appeal out of time).
(6)A decision notice under this section may not be given after the end of the period of 6 months beginning with the day on which the person—
(a)was convicted of the banning order offence to which the notice relates, or
(b)received the second of the financial penalties to which the notice relates.
Commencement Information
I1S. 31 in force at 6.4.2018 by S.I. 2018/393, reg. 2(a)
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