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Change 1
As published
108 Enforcement by local housing authorities: duty to notify
(1) Where a local housing authority (“LA1”) proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs (or which also occurs) in the area of another local housing authority (“LA2”), LA1 must notify LA2 that it proposes to do so.
(2) If LA1 notifies LA2 under subsection (1) but does not take the action referred to in that subsection, LA1 must notify LA2 of that fact.
(3) Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives a notification under subsection (2).
(4) Subsection (5) applies where—
(a) a local housing authority (“LA1”) has imposed a financial penalty under the landlord legislation,
(b) the breach or offence to which the penalty relates occurred in the area of another local housing authority (“LA2”), and
(c) the final notice imposing the penalty has not been withdrawn.
(5) LA1 must notify LA2 as soon as reasonably practicable if—
(a) the period for bringing an appeal against the penalty expires without an appeal being brought,
(b) an appeal against the penalty is withdrawn or abandoned, or
(c) the final notice imposing the penalty is confirmed or varied on appeal.
(6) Subsection (7) applies where—
(a) a local housing authority (“LA1”) has instituted proceedings against a person for an offence under the landlord legislation, and
(b) the conduct to which the offence relates occurred in the area of another local housing authority (“LA2”).
(7) LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence.
Your change, as a redline
108 Enforcement by local housing authorities: duty to notify
(1) Where a local housing authority (“LA1”) proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs (or which also occurs) in the area of another local housing authority (“LA2”), LA1 must notify LA2 that it proposes to do so.
(2) If LA1 notifies LA2 under subsection (1) but does not take the action referred to in that subsection, LA1 must notify LA2 of that fact.
(3) Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives a notification under subsection (2).
(4) Subsection (5) applies where—
(a) a local housing authority (“LA1”) has imposed a financial penalty under the landlord legislation,
(b) the breach or offence to which the penalty relates occurred in the area of another local housing authority (“LA2”), and
(c) the final notice imposing the penalty has not been withdrawn.
(5) LA1 must notify LA2 as soon as reasonably practicable if—
(a) the period for bringing an appeal against the penalty expires without an appeal being brought,
(b) an appeal against the penalty is withdrawn or abandoned, or
(c) the final notice imposing the penalty is confirmed or varied on appeal.
(6) Subsection (7) applies where—
(a) a local housing authority (“LA1”) has instituted proceedings against a person for an offence under the landlord legislation, and
(b) the conduct to which the offence relates occurred in the area of another local housing authority (“LA2”).
(7) LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence.
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