Housing and Planning Act 2016

135 Enforcement of client money protection scheme regulations

(1) The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section 133.

(2) The regulations may—

(a) confer functions on a local authority in England;

(b) require a property agent who fails to comply with a duty imposed by regulations under 133 to pay a financial penalty (or more than one penalty in the event of a continuing failure).

(3) The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State.

(4) The provision that may be made under subsection (2)(b) includes provision—

(a) about the procedure to be followed in imposing penalties;

(b) about the amount of penalties;

(c) conferring rights of appeal against penalties;

(d) for the enforcement of penalties;

(e) authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions.

(5) In this section “local authority in England” means—

(a) a district council,

(b) a county council for an area for which there is no district council,

(c) a London borough council,

(d) the Common Council of the City of London, or

(e) the Council of the Isles of Scilly.