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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

31Procedure for inclusion under section 30
This section has no associated Explanatory Notes

(1)If a local housing authority decides to make an entry in the database in respect of a person under section 30 it must give the person a decision notice before the entry is made.

(2)The decision notice must—

(a)explain that the authority has decided to make the entry in the database after the end of the period of 21 days beginning with the day on which the notice is given (“the notice period”), and

(b)specify the period for which the person’s entry will be maintained, which must be at least 2 years beginning with the day on which the entry is made.

(3)The decision notice must also summarise the person’s appeal rights under section 32.

(4)The authority must wait until the notice period has ended before making the entry in the database.

(5)If a person appeals under section 32 within the notice period the local housing authority may not make the entry in the database until—

(a)the appeal has been determined or withdrawn, and

(b)there is no possibility of further appeal (ignoring the possibility of an appeal out of time).

(6)A decision notice under this section may not be given after the end of the period of 6 months beginning with the day on which the person—

(a)was convicted of the banning order offence to which the notice relates, or

(b)received the second of the financial penalties to which the notice relates.

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