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Change 1
As published
109 Enforcement by county councils: duty to notify
(1) A county council in England—
(a) which is not a local housing authority, and
(b) which proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation,
must notify any local housing authority in whose area the breach or offence occurred.
(2) If the county council notifies a local housing authority under subsection (1) but does not take the action referred to in that subsection, it must notify the local housing authority 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 notification under subsection (2).
(4) Subsection (5) applies where—
(a) a county council in England which is not a local housing authority has imposed a financial penalty in respect of a breach of, or an offence under, the landlord legislation, and
(b) the final notice imposing the penalty has not been withdrawn.
(5) The county council must as soon as reasonably practicable notify any local housing authority in whose area the breach or offence occurred 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(b) an appeal against the penalty is withdrawn or abandoned, or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) A county council in England—
(a) which is not a local housing authority, and
(b) which institutes proceedings against a person for an offence under the landlord legislation,
must as soon as reasonably practicable notify any local housing authority in whose area the offence occurred if the person is convicted of the offence.
Your change, as a redline
109 Enforcement by county councils: duty to notify
(1) A county council in England—
(a) which is not a local housing authority, and
(b) which proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation,
must notify any local housing authority in whose area the breach or offence occurred.
(2) If the county council notifies a local housing authority under subsection (1) but does not take the action referred to in that subsection, it must notify the local housing authority 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 notification under subsection (2).
(4) Subsection (5) applies where—
(a) a county council in England which is not a local housing authority has imposed a financial penalty in respect of a breach of, or an offence under, the landlord legislation, and
(b) the final notice imposing the penalty has not been withdrawn.
(5) The county council must as soon as reasonably practicable notify any local housing authority in whose area the breach or offence occurred 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) A county council in England—
(a) which is not a local housing authority, and
(b) which institutes proceedings against a person for an offence under the landlord legislation,
must as soon as reasonably practicable notify any local housing authority in whose area the offence occurred if the person is convicted of the offence.
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