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The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018

As Enacted Cited authorities 49 Cited in Amendments 1 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2018/216
Year2018

2018 No. 216

Housing, England

The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018

Made 22th February 2018

Coming into force 6th April 2018

The Secretary of State, in exercise of the powers conferred by section 14(3) of the Housing and Planning Act 20161, makes the following Regulations.

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.

S-1 Citation, commencement and application

Citation, commencement and application

1.—(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.

S-2 Interpretation

Interpretation

2. In these Regulations—

“associated person” has the meaning given by section 178 of the Housing Act 19962; and

“tenant”, in relation to housing, includes a person who has a licence to occupy housing.

S-3 Banning order offences

Banning order offences

3. The following offences are 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.

Heather Wheeler

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

22nd February 2018

SCHEDULE

Regulation 3

OFFENCES

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.

(1) 2016 c. 22.
(2) 1996 c. 52; section 178 was amended by the Civil Partnership Act 2004 (c. 33), Schedule 8, paragraph 61(2), (3), (4), (5), (6) and (7) and the Adoption and Children Act 2002 (c. 38) Schedule 3, paragraphs 90, 91 and 92.
(3) Under section 15(1) of the Housing and Planning Act 2016, a local housing authority in England may apply to the First-tier Tribunal for a banning order against a person who has been convicted of a banning order offence.
(4) 1977 c. 43; section 1(3) was amended by the Housing Act 1988 (c. 50) (“the 1988 Act”), section 29(1). Section 1(3A) was inserted by section 29(2) of the 1988 Act.
(5) 1977 c. 45.
(6) 2004 c. 34.
(7) S.I. 2005/1541.
(8) 1974 c. 37.
(9) S.I. 1998/2451...

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