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The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2017

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018 No. 216

Banning order offences

This section has no associated Explanatory Memorandum

3.  The following offences are banning order offences(1)—

(a)an offence listed in any of items 1 to 5 of the Schedule, unless the sentence imposed on the person convicted of the offence (“the offender”) is an absolute discharge or a conditional discharge;

(b)an offence listed in item 6 of the Schedule;

(c)an offence listed in any of items 7 to 14 of the Schedule if—

(i)the offence was committed against or in collusion with a tenant occupying any housing (or another person occupying that housing with the tenant) or the offence was committed at or in relation to that housing;

(ii)at the time the offence was committed, the offender was the residential landlord or property agent of that housing or an officer of a body corporate who was the residential landlord or property agent of that housing; and

(iii)the offender was sentenced for the offence in the Crown Court.

(1)

Under section 15(1) of the Housing and Planning Act 2016, a local housing authority in England may apply to the First-tier Tribunal for a banning order against a person who has been convicted of a banning order offence.

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