New Clause 20 - Financial penalties: maximum amounts

Leasehold and Freehold Reform Bill – in a Public Bill Committee am 2:00 pm ar 30 Ionawr 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) The amount of a financial penalty imposed on a person under section (

(a) if Case A, B or C applies, the penalty must not be more than £30,000;

(b) otherwise, the penalty must not be more than £5,000.

(2) Case A applies if—

(a) a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

(b) the conduct for which the penalty was imposed continues after the end of the period of 28 days beginning with—

(i) the day after the day on which the penalty was imposed on the person, or

(ii) if the person appeals against the final notice in respect of the penalty within that period, the day after the day on which the appeal is finally determined, withdrawn or abandoned.

(3) Case B applies if—

(a) a relevant penalty has been imposed on the person for a breach of regulations under section (

(b) the person engages in conduct which constitutes a different breach of such regulations within the period of five years beginning with the day on which the penalty was imposed.

(4) Case C applies if—

(a) a relevant penalty has been imposed on the person for conduct in respect of which Case A, B or C applies and the final notice imposing the penalty has not been withdrawn, and

(b) the person breaches regulations under section (

(5) For the purposes of this section, ‘relevant penalty’ means a financial penalty imposed under section (

(a) the period for bringing an appeal against the penalty under paragraph 5 of Schedule (

(b) an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or

(c) the final notice imposing the penalty has been confirmed or varied on appeal.

(6) The Secretary of State may by regulations amend the amounts specified in subsection (1) to reflect changes in the value of money.

(7) A statutory instrument containing regulations under this section is subject to the negative procedure.’—

This new clause, to be inserted after NC19, would provide for the maximum penalties that may be imposed under NC19.

Brought up, read the First and Second time, and added to the Bill.