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Housing Act 2004

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Change 1

What to do with it
As published

235 Power to require documents to be produced

(1) A person authorised in writing by a local housing authority may exercise the power conferred by subsection (2) in relation to documents reasonably required by the authority— (a) for any purpose connected with the exercise of any of the authority’s functions under any of Parts 1 to 4 in relation to any premises, (aa) for any purpose connected with the exercise of any of the authority’s functions under this Part in relation to any qualifying residential premises within the meaning given by section 2B, or (b) for the purpose of investigating whether any offence has been committed under any of Parts 1 to 4 in relation to any premises or under this Part in relation to any qualifying residential premises within the meaning given by section 2B. (2) A person so authorised may give a notice to a relevant person requiring him— (a) to produce any documents which— (i) are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and (ii) are in his custody or under his control, and (b) to produce them at a time and place so specified and to a person so specified. (3) The notice must include information about the possible consequences of not complying with the notice. (4) The person to whom any document is produced in accordance with the notice may copy the document. (5) No person may be required under this section to produce any document which he would be entitled to refuse to provide in proceedings in the High Court on grounds of legal professional privilege. (6) In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form. (7) In this section “relevant person” means, in relation to any premises, a person within any of the following paragraphs— (a) a person who is, or is proposed to be, the holder of a licence under Part 2 or 3 in respect of the premises, or a person on whom any obligation or restriction under such a licence is, or is proposed to be, imposed, (b) a person who has an estate or interest in the premises, (c) a person who is, or is proposing to be, managing or having control of the premises, (d) a person who is, or is proposing to be, otherwise involved in the management of the premises, (e) a person who occupies the premises.

Your change, as a redline

235 Power to require documents to be produced

(1) A person authorised in writing by a local housing authority may exercise the power conferred by subsection (2) in relation to documents reasonably required by the authority— (a) for any purpose connected with the exercise of any of the authority’s functions under any of Parts 1 to 4 in relation to any premises, (aa) for any purpose connected with the exercise of any of the authority’s functions under this Part in relation to any qualifying residential premises within the meaning given by section 2B, or (b) for the purpose of investigating whether any offence has been committed under any of Parts 1 to 4 in relation to any premises or under this Part in relation to any qualifying residential premises within the meaning given by section 2B. (2) A person so authorised may give a notice to a relevant person requiring him— (a) to produce any documents which— (i) are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and (ii) are in his custody or under his control, and (b) to produce them at a time and place so specified and to a person so specified. (3) The notice must include information about the possible consequences of not complying with the notice. (4) The person to whom any document is produced in accordance with the notice may copy the document. (5) No person may be required under this section to produce any document which he would be entitled to refuse to provide in proceedings in the High Court on grounds of legal professional privilege. (6) In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form. (7) In this section “relevant person” means, in relation to any premises, a person within any of the following paragraphs— (a) a person who is, or is proposed to be, the holder of a licence under Part 2 or 3 in respect of the premises, or a person on whom any obligation or restriction under such a licence is, or is proposed to be, imposed, (b) a person who has an estate or interest in the premises, (c) a person who is, or is proposing to be, managing or having control of the premises, (d) a person who is, or is proposing to be, otherwise involved in the management of the premises, (e) a person who occupies the premises.

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