Housing Act 2004

167Power to require production of home information packsE+W

This section has no associated Explanatory Notes

(1)An authorised officer of an enforcement authority may require a person who appears to him to be or to have been subject to the duty under section 155 or 159(2), in relation to a residential property, to produce for inspection a copy of, or of any document included in, the home information pack for that property.

(2)The power conferred by subsection (1) includes power—

(a)to require the production in a visible and legible documentary form of any document included in the home information pack in question which is held in electronic form; and

(b)to take copies of any document produced for inspection.

(3)A requirement under this section may not be imposed more than six months after the last day on which the person concerned was subject to the duty under section 155 or 159(2) in relation to the property (as the case may be).

(4)Subject to subsection (5), it is the duty of a person subject to such a requirement to comply with it within the period of 7 days beginning with the day after that on which it is imposed.

(5)A person is not required to comply with such a requirement if he has a reasonable excuse for not complying with the requirement.

(6)In this section “the home information pack” means—

(a)where a requirement under this section is imposed on a person at a time when he is subject to the duty under section 155 or 159(2), the home information pack intended by him to be the one he is required to have at that time; or

(b)in any other case, the home information pack intended by the person concerned, when he was last subject to the duty under section 155 or 159(2), to be the one he was required to have at that time.

Commencement Information

I1S. 167 wholly in force at 6.4.2008; s. 167 not in force at Royal Assent see s. 270(6); s. 167 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; s. 167 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; s. 167 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; s. 167 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)