- Latest available (Revised)
- Point in Time (06/04/2007)
- Original (As enacted)
Version Superseded: 15/01/2012
Point in time view as at 06/04/2007. This version of this schedule contains provisions that are not valid for this point in time.
Housing Act 2004, SCHEDULE 8 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 168
Valid from 01/08/2007
1E+WA penalty charge notice given to a person under section 168 by an officer of an enforcement authority must—
(a)state the officer’s belief that that person has committed a breach of duty;
(b)give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;
(c)require that person, within a period specified in the notice—
(i)to pay a penalty charge specified in the notice; or
(ii)to give notice to the enforcement authority that he wishes the authority to review the notice;
(d)state the effect of paragraph 8;
(e)specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and
(f)specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).
Commencement Information
I1Sch. 8 para. 1 wholly in force at 6.4.2008; Sch. 8 para. 1 not in force at Royal Assent see s. 270(6); Sch. 8 para. 1 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 1 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 1 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 1 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
2E+WThe penalty charge specified in the notice shall be of such amount (not exceeding £500) as may be prescribed for the time being by regulations made by the Secretary of State.
Commencement Information
I2Sch. 8 para. 2 wholly in force at 6.4.2008; Sch. 8 para. 2 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 8 para. 2 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 2 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 2 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 2 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
3(1)The period specified under paragraph 1(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.E+W
(2)The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if they consider it appropriate to do so.
Commencement Information
I3Sch. 8 para. 3 wholly in force at 6.4.2008; Sch. 8 para. 3 not in force at Royal Assent see s. 270(6); Sch. 8 para. 3 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 3 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 3 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 3 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
4E+WThe enforcement authority may, if they consider that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.
Commencement Information
I4Sch. 8 para. 4 wholly in force at 6.4.2008; Sch. 8 para. 4 not in force at Royal Assent see s. 270(6); Sch. 8 para. 4 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 4 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 4 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 4 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
5(1)If, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall—E+W
(a)consider any representations made by the recipient and all other circumstances of the case;
(b)decide whether to confirm or withdraw the notice; and
(c)give notice of their decision to the recipient.
(2)A notice under sub-paragraph (1)(c) confirming the penalty charge notice must also state the effect of paragraphs 6(1) to (3) and 8(1) and (3).
(3)If the authority are not satisfied—
(a)that the recipient committed the breach of duty specified in the notice;
(b)that the notice was given within the time allowed by section 168(2) and complies with the other requirements imposed by or under this Schedule; and
(c)that in the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient,
they shall withdraw the penalty charge notice.
Commencement Information
I5Sch. 8 para. 5 wholly in force at 6.4.2008; Sch. 8 para. 5 not in force at Royal Assent see s. 270(6); Sch. 8 para. 5 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 5 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 5 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 5 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
6(1)If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may, within the period of 28 days beginning with the day after that on which the notice under paragraph 5(1)(c) is given, appeal to the county court against the penalty charge notice.E+W
(2)The county court may extend the period for appealing against the notice.
(3)Such an appeal must be on one (or more) of the following grounds—
(a)that the recipient did not commit the breach of duty specified in the penalty charge notice;
(b)that the notice was not given within the time allowed by section 168(2) or does not comply with any other requirement imposed by or under this Schedule; or
(c)that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.
(4)An appeal against a penalty charge notice shall be by way of a rehearing; and the court shall either uphold the notice or quash it.
Commencement Information
I6Sch. 8 para. 6 wholly in force at 6.4.2008; Sch. 8 para. 6 not in force at Royal Assent see s. 270(6); Sch. 8 para. 6 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 6 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 6 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 6 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
7E+WIf the penalty charge notice is withdrawn or quashed, the authority shall repay any amount previously paid as a penalty charge in pursuance of the notice.
Commencement Information
I7Sch. 8 para. 7 wholly in force at 6.4.2008; Sch. 8 para. 7 not in force at Royal Assent see s. 270(6); Sch. 8 para. 7 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 7 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 7 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 7 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
8(1)The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the authority unless—E+W
(a)the notice has been withdrawn or quashed, or
(b)the charge has been paid.
(2)Proceedings for the recovery of the penalty charge may not be commenced before the end of the period mentioned in paragraph 5(1).
(3)And if within that period the recipient of the penalty charge notice gives notice to the authority that he wishes the authority to review the penalty charge notice, such proceedings may not be commenced—
(a)before the end of the period mentioned in paragraph 6(1), and
(b)where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.
Commencement Information
I8Sch. 8 para. 8 wholly in force at 6.4.2008; Sch. 8 para. 8 not in force at Royal Assent see s. 270(6); Sch. 8 para. 8 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 8 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 8 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 8 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
9E+WIn proceedings for the recovery of the penalty charge, a certificate which—
(a)purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority; and
(b)states that payment of the penalty charge was or was not received by a date specified in the certificate;
is evidence of the facts stated.
Commencement Information
I9Sch. 8 para. 9 wholly in force at 6.4.2008; Sch. 8 para. 9 not in force at Royal Assent see s. 270(6); Sch. 8 para. 9 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 9 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 9 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 9 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
Valid from 01/08/2007
10(1)A penalty charge notice and any other notice mentioned in this Schedule may be given by post.E+W
(2)Any such notice may be given—
(a)in the case of a body corporate, to the secretary or clerk of that body; and
(b)in the case of a partnership, to any partner or to a person having control or management of the partnership business.
Commencement Information
I10Sch. 8 para. 10 wholly in force at 6.4.2008; Sch. 8 para. 10 not in force at Royal Assent see s. 270(6); Sch. 8 para. 10 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 10 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 10 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 10 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
11E+WThe Secretary of State may by regulations make provision supplementary or incidental to the preceding provisions of this Part, including in particular provision prescribing—
(a)the form of penalty charge notices or any other notice mentioned in this Schedule;
(b)circumstances in which penalty charge notices may not be given;
(c)the method or methods by which penalty charges may be paid.
Commencement Information
I11Sch. 8 para. 11 wholly in force at 6.4.2008; Sch. 8 para. 11 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 8 para. 11 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; Sch. 8 para. 11 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; Sch. 8 para. 11 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; Sch. 8 para. 11 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)
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 Whole Act without 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?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: