2(1)Where a person is requested by a [F1local]authority to supply information under any provision included in regulations under paragraph 2, 3, 9 or 10(2) of Schedule 2 or paragraph 5 of Schedule 8 to this Act, the authority may impose a penalty of £50 on him if—E+W+S
(a)he fails to supply the information in accordance with the provision; or
(b)in purported compliance with the provision he knowingly supplies information which is inaccurate in a material particular.
[F2(1A)Where a person is requested by a local authority to supply information under any provision included in regulations under paragraph 4(5B) of Schedule 2, the authority may impose on the person a penalty not exceeding £500 if—
(a)the person fails to supply the information in accordance with the provision; or
(b)in purported compliance with the provision the person knowingly supplies information which is inaccurate in a material particular.]
(2)In any case where—
(a)a person is required by any provision included in regulations under paragraph [F34] [F34(5)] , 5, 9 or 10(2) of Schedule 2 to this Act to notify a [F1local]authority; and
(b)he fails to notify the authority in accordance with the provision,
the authority may impose a penalty of £50 on him.
[F4(2A)A local authority may impose on a person a penalty not exceeding £500 in any case where—
(a)the person is required by any provision included in regulations under paragraph 4(5A) of Schedule 2 to notify the authority; and
(b)the person fails to notify the authority in accordance with the provision.]
(3)Where a penalty has been imposed on a person under sub-paragraph (1) [F5or (1A)] above and he is requested by the authority again to supply the same information under the same provision, the authority may impose a further penalty of £200[F6, or of an amount not exceeding £500 if the request is under any provision included in regulations under paragraph 4(5B) of Schedule 2,] on him if—
(a)he fails to supply the information in accordance with the provision; or
(b)in purported compliance with the provision he knowingly supplies information which is inaccurate in a material particular.
(4)Sub-paragraph (3) above applies each time the authority repeats a request.
(5)A penalty under this paragraph shall be paid to the authority imposing it.
(6)If, after the imposition of a penalty under this paragraph but before the making of an appeal under paragraph 3 below against that imposition, the [F1l ocal]authority are satisfied that the person upon whom the penalty was imposed had a reasonable excuse for his failure, they may revoke the imposition of the penalty.
Textual Amendments
F1Words in Sch. 3 para. 2 substituted (S.) (1.4.1996) 1994 c. 39, s. 180(1), Sch. 13 para. 176(17) (with s. 128(8)); S.I. 1996/323, art. 4(1)(b)(c)
F2Sch. 3 para. 2(1A) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(a), 5(1)
F3Word in Sch. 3 para. 2(2)(a) substituted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(b), 5(1)
F4Sch. 3 para. 2(2A) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(c), 5(1)
F5Words in Sch. 3 para. 2(3) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(d)(i), 5(1)
F6Words in Sch. 3 para. 2(3) inserted (S.) (5.12.2012) by Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11), ss. 3(5)(d)(ii), 5(1)