- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Leasehold and Freehold Reform Act 2024, Section 106.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
(1)The amount of a financial penalty imposed on a person under section 105 is to be determined by the enforcement authority imposing it, but—
(a)if Case A, B or C applies, the penalty must not be more than £30,000;
(b)otherwise, the penalty must not be more than £5,000.
(2)Case A applies if—
(a)a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and
(b)the conduct for which the penalty was imposed continues after the end of the period of 28 days beginning with—
(i)the day after the day on which the penalty was imposed on the person, or
(ii)if the person appeals against the final notice in respect of the penalty within that period, the day after the day on which the appeal is finally determined, withdrawn or abandoned.
(3)Case B applies if—
(a)a relevant penalty has been imposed on the person for a breach of regulations under section 100(1) and the final notice imposing the penalty has not been withdrawn, and
(b)the person engages in conduct which constitutes a different breach of such regulations within the period of five years beginning with the day on which the penalty was imposed.
(4)Case C applies if—
(a)a relevant penalty has been imposed on the person for conduct in respect of which Case A, B or C applies and the final notice imposing the penalty has not been withdrawn, and
(b)the person breaches regulations under section 100(1) within the period of five years beginning with the day on which the penalty was imposed.
(5)For the purposes of this section, “relevant penalty” means a financial penalty imposed under section 105 where—
(a)the period for bringing an appeal against the penalty under paragraph 5 of Schedule 12 has expired without an appeal being brought,
(b)an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or
(c)the final notice imposing the penalty has been confirmed or varied on appeal.
(6)The Secretary of State may by regulations amend the amounts specified in subsection (1) to reflect changes in the value of money.
(7)A statutory instrument containing regulations under this section is subject to the negative procedure.
Commencement Information
I1S. 106 not in force at Royal Assent, see s. 124(3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: