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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

36Removal or variation of entries made under section 30
This section has no associated Explanatory Notes

(1)An entry made in the database under section 30 may be removed or varied in accordance with this section.

(2)If the entry was made on the basis of one or more convictions all of which are overturned on appeal, the responsible local housing authority must remove the entry.

(3)If the entry was made on the basis of more than one conviction and some of them (but not all) have been overturned on appeal, the responsible local housing authority may—

(a)remove the entry, or

(b)reduce the period for which the entry must be maintained.

(4)If the entry was made on the basis of one or more convictions that have become spent, the responsible local housing authority may—

(a)remove the entry, or

(b)reduce the period for which the entry must be maintained.

(5)If the entry was made on the basis that the person has received two or more financial penalties and at least one year has elapsed since the entry was made, the responsible local housing authority may—

(a)remove the entry, or

(b)reduce the period for which the entry must be maintained.

(6)The power in subsection (3), (4) or (5) may even be used—

(a)to remove an entry before the end of the two-year period mentioned in section 31(2)(b), or

(b)to reduce the period for which an entry must be maintained to less than the two-year period mentioned in section 31(2)(b).

(7)If a local housing authority removes an entry in the database, or reduces the period for which it must be maintained, it must notify the person to whom the entry relates.

(8)In this section—

  • “responsible local housing authority” means the local housing authority by which the entry was made;

  • “spent”, in relation to a conviction, means spent for the purposes of the Rehabilitation of Offenders Act 1974.

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