- 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
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.
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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