Housing and Regeneration Act 2008 (c. 17)

Part 2 E+W Regulation of Social Housing

Modifications etc. (not altering text)

C1 Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Chapter 7 E+W Enforcement powers

Penalty E+W

234 Enforcement E+W

(1) A penalty shall be treated as a debt owed to the regulator.

(2) The Treasury may make regulations authorising the regulator—

(a) to charge interest on penalty not paid during the period specified under section 228(2)(d);

(b) to impose one or more additional penalties where a penalty is not paid during that period.

(3) Interest and additional penalty shall be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 229).

(4) Regulations under subsection (2)(a) may provide for an interest rate to be—

(a) set by a specified person, or

(b) determined in accordance with the regulations.

(5) A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 228(2)(d)).

(6) A person to whom a penalty notice is given on the ground in Case 6 of section 227 may not be prosecuted for the offence by reference to which the penalty notice was given.

Commencement Information

I1 S. 234(1)(3)(5)(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I2 S. 234(2)(4) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 7(d)

I3 S. 234(2)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)