The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018
In accordance with section 214(2)(b) of the Housing and Planning Act 2016, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and application1.
(1)
These Regulations may be cited as the Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018.
(2)
These Regulations come into force on 6th April 2018.
(3)
These Regulations apply only in relation to offences committed after these Regulations come into force.
Interpretation2.
In these Regulations—
“tenant”, in relation to housing, includes a person who has a licence to occupy housing.
Banning order offences3.
(a)
an offence listed in any of items 1 to 5 of the Schedule, unless the sentence imposed on the person convicted of the offence (“the offender”) is an absolute discharge or a conditional discharge;
(b)
an offence listed in item 6 of the Schedule;
(c)
an offence listed in any of items 7 to 14 of the Schedule if—
(i)
the offence was committed against or in collusion with a tenant occupying any housing (or another person occupying that housing with the tenant) or the offence was committed at or in relation to that housing;
(ii)
at the time the offence was committed, the offender was the residential landlord or property agent of that housing or an officer of a body corporate who was the residential landlord or property agent of that housing; and
(iii)
the offender was sentenced for the offence in the Crown Court.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
SCHEDULEOFFENCES
Item | Statute | Provision | Offence |
|---|---|---|---|
1. | Protection from Eviction Act 19774 | Section 1(2), (3) and (3A) | Unlawful eviction and harassment of occupier |
2. | Criminal Law Act 19775 | Section 6(1) | Violence for securing entry |
3. | Housing Act 20046 | Section 30(1) | Failing to comply with an improvement notice |
Section 32(1) | Failing to comply with a prohibition order | ||
Section 72(1), (2) and (3) | Offences in relation to licensing of Houses in Multiple Occupation | ||
Section 95(1) and (2) | Offences in relation to licensing of houses under Part 3 | ||
Section 139(7) | Contravention of an overcrowding notice | ||
Section 234(3) | Failure to comply with management regulations in respect of Houses in Multiple Occupation | ||
Section 238(1) | False or misleading information | ||
4. | Regulatory Reform (Fire Safety) Order 20057 | Article 32(1) and (2) | Fire safety offences |
5. | Health and Safety at Work etc. Act 19748 | Section 33(1)(c) where a person contravenes any requirement specified in regulation 36 of the Gas Safety (Installation and Use) Regulations 19989 | Gas safety offences - duties on landlords |
6. | Immigration Act 201410 | Section 33A(1) and (10) | Residential tenancies – landlord offences |
Section 33B(2) and (4) | Residential tenancies – agent offences | ||
7. | Fraud Act 200611 | Section 1(1) | Fraud |
Section 6(1) | Possession etc. of articles for use in frauds | ||
Section 7(1) | Making or supplying articles for use in frauds | ||
Section 9(1) | Participating in fraudulent business carried on by sole trader etc. | ||
Section 11(1) | Obtaining services dishonestly | ||
Section 12(2) | Liability of company officers for offences by company | ||
8. | Criminal Justice Act 200312 | Schedule 15 | Specified violent and sexual offences |
9. | Misuse of Drugs Act 197113 | Section 8 | Occupiers etc. of premises to be punishable for permitting certain activities to take place there |
Section 9 | Prohibition of certain activities relating to opium | ||
Section 9A(1) and (3) | Prohibition of supply etc. of articles for administering or preparing controlled drugs | ||
Section 18(1), (2), (3) and (4) | Miscellaneous offences | ||
Section 19 | Attempts etc. to commit offences | ||
Section 20 | Assisting in or inducing commission outside United Kingdom of offence punishable under a corresponding law | ||
Section 21 | Offences by corporations | ||
10. | Proceeds of Crime Act 200214 | Section 327 | Concealing etc. criminal property |
Section 328 | Arrangements | ||
Section 329 | Acquisition, use and possession | ||
11. | Protection from Harassment Act 199715 | Section 2 | Offence of harassment |
Section 2A | Offence of stalking | ||
12. | Anti-social Behaviour, Crime and Policing Act 201416 | Section 30 | Breach of criminal behaviour order |
Section 48 | Failure to comply with a community protection notice | ||
13. | Criminal Damage Act 197117 | Section 1(1) | Destroying or damaging property |
Section 2 | Threats to destroy or damage property | ||
Section 3 | Possessing anything with intent to destroy or damage property | ||
14. | Theft Act 196818 | Section 7 | Theft |
Section 9 | Burglary | ||
Section 21 | Blackmail | ||
Section 22 | Handling stolen goods |
Part 2 of the Housing and Planning Act 2016 (c. 22) (“the Act”) makes provision for the imposition of banning orders. Section 15 of the Act confers power on local housing authorities in England to apply to the First-tier Tribunal for a banning order against a person who has been convicted of a banning order offence. Section 16 confers power on the First-tier Tribunal to make a banning order against that person if that person was a residential landlord or property agent at the time the offence was committed. Section 14 defines “banning order” and “banning order offence” for the purposes of Part 2 of the Act (rogue landlords and property agents in England). Section 14(3) confers power on the Secretary of State to make regulations specifying the description of what constitutes a “banning order offence”. Regulation 3 and the Schedule to these Regulations specify those offences.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.