http://www.legislation.gov.uk/ukpga/2016/22/schedule/1Housing and Planning Act 2016An Act to make provision about housing, estate agents, rentcharges, planning and compulsory purchase.texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-11 SCHEDULESSCHEDULE 1Financial penalty for breach of banning order Section 23<Emphasis>Notice of intent</Emphasis>1Before imposing a financial penalty on a person under section 23 a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).21The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.2But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—aat any time when the conduct is continuing, orbwithin the period of 6 months beginning with the last day on which the conduct occurs.3The notice of intent must set out—athe amount of the proposed financial penalty,bthe reasons for proposing to impose the financial penalty, andcinformation about the right to make representations under paragraph 4.<Emphasis>Right to make representations</Emphasis>41A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty.2Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”).<Emphasis>Final notice</Emphasis>5After the end of the period for representations the local housing authority must—adecide whether to impose a financial penalty on the person, andbif it decides to impose a financial penalty, decide the amount of the penalty.6If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.7The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.8The final notice must set out—athe amount of the financial penalty,bthe reasons for imposing the penalty,cinformation about how to pay the penalty,dthe period for payment of the penalty,einformation about rights of appeal, andfthe consequences of failure to comply with the notice.<Emphasis>Withdrawal or amendment of notice</Emphasis>91A local housing authority may at any time—awithdraw a notice of intent or final notice, orbreduce the amount specified in a notice of intent or final notice.2The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.<Emphasis>Appeals</Emphasis>101A person to whom a final notice is given may appeal to the First-tier Tribunal against—athe decision to impose the penalty, orbthe amount of the penalty.2An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was sent.3If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.4An appeal under this paragraph—ais to be a re-hearing of the local housing authority's decision, butbmay be determined having regard to matters of which the authority was unaware.5On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.6The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.<Emphasis>Recovery of financial penalty</Emphasis>111This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.2The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.3In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—asigned by the chief finance officer of the local housing authority which imposed the penalty, andbstates that the amount due has not been received by a date specified in the certificate,is conclusive evidence of that fact.4A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.5In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.Sch. 1 para. 1 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 2 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 3 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 4 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 5 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 6 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 7 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 8 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 9 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 10 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)Sch. 1 para. 11 in force at 6.4.2018 by S.I. 2018/393, reg. 2(b)