Prospective

PART 3 E+W ENFORCEMENT AND INVESTIGATORY POWERS

Power of building safety authority to give fixed penalty notices E+W

110 Power of building safety authority to give fixed penalty notices E+W

(1) The building safety authority for a category 1 building or a category 2 building may give a fixed penalty notice to the principal accountable person for the building if the authority considers that the person has committed an offence under—

(a) section 19(1) (failure to register a regulated building);

(b) section 24(8) (failure to give the building safety authority a relevant declaration).

(2) The building safety authority for a category 1 building to which section 42 applies may give a fixed penalty notice to the principal accountable person for the building if the authority considers that the person has committed an offence under—

(a) section 42(5) (failure to apply for a building certificate);

(b) section 45(5) (failure to display building certificate and related information).

(3) A fixed penalty notice is a notice offering the person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying the building safety authority an amount specified in regulations made by the Welsh Ministers.

(4) Where a fixed penalty notice is given to a person, no proceedings for the offence to which the notice relates may be brought before the end of the period of 28 days beginning with the day after the day on which the person is given the notice.

(5) Regulations under subsection (3) may provide for a reduced amount to be payable within the period of 21 days beginning with the day after the day on which the person is given the notice.

(6) Where a person makes payment in accordance with the terms of a fixed penalty notice, no proceedings for the offence to which the notice relates may be brought.

(7) A fixed penalty notice must state—

(a) the name and address of the building safety authority;

(b) the alleged offence and give particulars of the circumstances alleged to constitute it;

(c) that the notice offers the recipient the opportunity to discharge liability for a criminal offence without prosecution, but that the person may instead choose to exercise their right to be tried for the alleged offence (and how that right may be exercised);

(d) the amount of the penalty and the period for paying the penalty (including the amount of any reduced penalty and the period for paying the reduced penalty);

(e) the consequences of not paying the penalty before the end of the period for paying the penalty;

(f) how the penalty or reduced penalty may be paid;

(g) how any representations relating to the notice may be made.

(8) The Welsh Ministers may by regulations make provision about the withdrawal of fixed penalty notices, including—

(a) the circumstances in which a notice can be withdrawn;

(b) the repayment of any sum paid before a notice is withdrawn;

(c) the circumstances in which proceedings for an offence may not be brought despite the withdrawal of a notice.

(9) Regulations under subsection (3) may not make provision for the amount payable under a notice to exceed four times level 4 on the standard scale.

(10) Payments received by an authority by virtue of this section may only be used for the purpose of—

(a) the authority’s functions relating to the enforcement of this Act and regulations made under it;

(b) such other functions of the authority as may be specified in regulations.

Commencement Information

I1 S. 110 not in force at Royal Assent, see s. 138(2)