Point in time view as at 03/08/2012. This version of this cross heading contains provisions that are prospective.
Housing and Regeneration Act 2008, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 06 March 2025. 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.
Prospective
(1)Every local weights and measures authority is an enforcement authority for the purposes of this Chapter.
(2)It is the duty of each enforcement authority to enforce in its area the duties imposed by virtue of section 279.
(1)Subsection (2) applies if an authorised officer of an enforcement authority believes that a person is, or has been, subject to a duty imposed by virtue of section 279 to supply a certificate or statement in relation to a particular property.
(2)The officer may require the person to produce for inspection a copy of the certificate or statement.
(3)The power conferred by subsection (2) includes power—
(a)to require the production of a legible hard copy of any certificate or statement which is held in electronic form, and
(b)to take copies of any hard copy produced for inspection.
(4)A requirement under this section may not be imposed more than 6 months after the last day for supplying the certificate or statement concerned in pursuance of the duty imposed by virtue of section 279.
(5)A person is not required to comply with a requirement under this section if the person has a reasonable excuse for not complying with the requirement.
(6)Subject to this, a person subject to such a requirement must comply with it within the period of 7 days beginning with the day after that on which it is imposed.
(1)An authorised officer of an enforcement authority may give a penalty charge notice to a person if the officer believes that the person has committed a breach of—
(a)any duty imposed by virtue of section 279, or
(b)any duty under section 284.
(2)A penalty charge notice may not be given after the end of the period of 6 months beginning with the day (or, in the case of a continuing breach, the last day) on which the breach of duty was committed.
(3)Schedule 10 (which makes further provision about penalty charge notices) has effect.
(1)A person who, without reasonable excuse, obstructs an officer of an enforcement authority who is acting in pursuance of duties imposed by virtue of this Chapter is guilty of an offence.
(2)A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of section 284 or 285 is guilty of an offence.
(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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