Enterprise and Regulatory Reform Act 2013

85 Orders under section 83 or 84: enforcement E+W

(1) An order under section 83(1) or 84(1) may make provision —

(a) for sanctions to be imposed in respect of a breach of a requirement imposed by the order;

(b) for the investigation of suspected breaches of such a requirement.

(2) The sanctions for which provision may be made in the order are—

(a) the imposition of civil penalties;

(b) the making of orders prohibiting a person from engaging in lettings agency work or (as the case may be) property management work or from engaging in a particular description of such work;

(c) the creation of criminal offences in respect of breaches of orders mentioned in paragraph (b).

(3) Provision made for the imposition of a sanction by virtue of subsection (1)(a) must include—

(a) provision for appeals to a court or tribunal against the imposition of the sanction, and

(b) such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.

(4) Provision made by virtue of this section may confer functions on a person that exercises functions of a public nature.

[F1 (4A) A person on whom functions are conferred under subsection (4) must have regard to any guidance issued by the Secretary of State or the lead enforcement authority (if not the Secretary of State) relating to the enforcement of an order under section 83(1) or 84(1).]

(5) The Secretary of State may make payments out of money provided by Parliament to a person on whom functions are conferred by virtue of this section.

[F2 (6) For provisions about enforcement of an order under section 83(1) or 84(1) by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.

(7) In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.]

Textual Amendments

F1 S. 85(4A) inserted (15.4.2019) by Tenant Fees Act 2019 (c. 4), ss. 29(2)(a), 34(1); S.I. 2019/857, reg. 2(d)

F2 S. 85(6)(7) inserted (15.4.2019) by Tenant Fees Act 2019 (c. 4), ss. 29(2)(b), 34(1); S.I. 2019/857, reg. 2(d)

Commencement Information

I1 S. 85 partly in force; s. 85 in force for specified purposes at Royal Assent, see s. 103(1)(i)