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Prevention of Social Housing Fraud Act 2013

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3Prosecution of offencesE+W

This section has no associated Explanatory Notes

(1)Proceedings for an offence under section 1(1) or 2(1) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.

(2)But no such proceedings may be brought more than three years—

(a)after the commission of the offence, or

(b)in the case of continuous contravention, after the last date on which the offence was committed.

(3)A certificate signed by the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(4)Subsections (1) to (3) also apply in relation to an associated offence which is a summary offence (to the extent that they would not otherwise apply to that offence).

(5)A local authority may prosecute an offence under section 1 or 2 in relation to a dwelling-house—

(a)whether or not the dwelling-house is or was let under a tenancy under which the local authority is or was the landlord, and

(b)whether or not the dwelling-house is located in the local authority's area.

(6)Subsection (5) also applies in relation to an associated offence (to the extent that it would not otherwise apply to that offence).

Commencement Information

I1S. 3 in force for E. at 15.10.2013 by S.I. 2013/2622, art. 2

I2S. 3 in force for W. at 5.11.2013 by S.I. 2013/2861, art. 2

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