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Change 1
As published
135 Investigatory powers under the Housing Act 2004
(1) In section 235 of the Housing Act 2004 (power to require documents to be produced), in subsection (1)—
(a) after paragraph (a) (but before the “or” at the end) insert—
(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,
;
(b) in paragraph (b) for “those Parts in relation to any premises” substitute “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) In section 239 of that Act (powers of entry), after subsection (5) insert—
(5A) In relation to any qualifying residential premises within the meaning given by section 2B, notice need not be given—
(a) to any owner;
(b) to any occupier who has waived the requirement to give notice.
(5B) If—
(a) premises are entered in exercise of the power conferred by subsection (3), and
(b) notice is not given to any person because of subsection (5A)(a),
the authorised person or proper officer must give that person notice of the exercise of that power within a reasonable period after its exercise.
(5C) The notice must—
(a) identify the premises that were entered,
(b) state when the premises were entered, and
(c) state the purpose for which the premises were entered.
Your change, as a redline
135 Investigatory powers under the Housing Act 2004
(1) In section 235 of the Housing Act 2004 (power to require documents to be produced), in subsection (1)—
(a) after paragraph (a) (but before the “or” at the end) insert—
(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,
;
(b) in paragraph (b) for “those Parts in relation to any premises” substitute “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) In section 239 of that Act (powers of entry), after subsection (5) insert—
(5A) In relation to any qualifying residential premises within the meaning given by section 2B, notice need not be given—
(a) to any owner;
(b) to any occupier who has waived the requirement to give notice.
(5B) If—
(a) premises are entered in exercise of the power conferred by subsection (3), and
(b) notice is not given to any person because of subsection (5A)(a),
the authorised person or proper officer must give that person notice of the exercise of that power within a reasonable period after its exercise.
(5C) The notice must—
(a) identify the premises that were entered,
(b) state when the premises were entered, and
(c) state the purpose for which the premises were entered.
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