[F1Private tenancy energy efficiency regulations: power to create offencesN.I.
11H.—(1) Regulations under Article 11G may provide that a person who breaches a prohibition imposed under paragraph (1) of that Article is guilty of an offence.
(2) Regulations under Article 11G may provide that a person commits an offence if—
(a)the person is granted an improvement exemption;
(b)the person fails, without reasonable excuse, to carry out the works or measures specified in the exemption within the period of time so specified;
(c)Article 11G(2) applies to the dwelling-house immediately after the expiration of that period of time; and
(d)at any time during which the exemption had effect, the person—
(i)granted a private tenancy of the dwelling-house, or
(ii)continued to let the dwelling-house out under a private tenancy that was granted before the exemption had effect.
(3) The regulations may provide for inspections of a dwelling-house in respect of which an exemption has been granted by virtue of Article 11G(3)(b), for the purpose of investigating whether an offence created by virtue of this Article has been committed.
(4) The regulations may set out circumstances in which a person is, or is not, to be regarded as having a reasonable excuse for the purposes of an offence created by virtue of paragraph (2) (including circumstances where a person ceases to hold an estate in the dwelling-house).
(5) Any offence created byregulations under Article 11G—
(a)is not to be triable on indictment or punishable with imprisonment;
(b)is not to be punishable with a fine exceeding level 5 on the standard scale (but, in the case of an offence in respect of a prohibition imposed under Article 11G(1)(b), this is subject to paragraphs (6) to (9)).
(6) Paragraphs (7) and (8) apply where regulations under Article 11G create an offence in respect of a prohibition imposed under Article 11G(1)(b).
(7) The regulations must provide that where—
(a)a person is convicted of an offence in respect of the granting of a private tenancy, or the letting out of a dwelling-house under a private tenancy, in breach of a prohibition imposed under Article 11G(1)(a) or (b) (“the initial conviction”),
(b)after the initial conviction, the person continues to let out the dwelling-house under the tenancy, and
(c)the person is convicted of an offence in respect of that continued letting in breach of a prohibition imposed under Article 11G(1)(b) (“the continuing offence”),
the continuing offence is to be punishable with a fine not exceeding one-hundredth of level 5 on the standard scale for every day or part of a day for which the letting continues after the initial conviction.
(8) The regulations must also provide that where—
(a)a person grants a private tenancy, or continues to let out a dwelling-house under a private tenancy, in breach of a prohibition imposed under Article 11G(1)(a) or (b),
(b)the person is given a fixed penalty notice under Article 68A in respect of an offence on the grounds of that breach,
(c)the person pays the fixed penalty stated in the notice,
(d)after payment of the fixed penalty, the person continues to let out the dwelling-house under the tenancy in breach of a prohibition imposed under Article 11G(1)(b), and
(e)the person is convicted of an offence in respect of that continued breach (“the post-payment offence”),
the post-payment offence is to be punishable with a fine not exceeding one-hundredth of level 5 on the standard scale for every day or part of a day for which the breach continues after payment.
(9) A fine imposed by virtue of paragraph (7) or (8) may exceed level 5 on the standard scale.]
Textual Amendments
F1Arts. 11G, 11H and cross-heading inserted (28.4.2022 for specified purposes) by Private Tenancies Act (Northern Ireland) 2022 (c. 20), s. 14(2)(e), Sch. 2 para. 2