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Change 1
As published
66 Financial penalties
(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—
(a) breached regulations under section 64(1), or
(b) committed an offence under section 67.
(2) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—
(a) £7,000, if it is imposed under subsection (1)(a), or
(b) £40,000, if it is imposed under subsection (1)(b).
(3) More than one penalty may be imposed in respect of the same conduct only if—
(a) the conduct continues after the end of 28 days beginning with the day after that on which the final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period, or
(b) if the person appeals against that notice within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.
(4) Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
(5) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 67 if—
(a) the person has been convicted of an offence under that section in respect of the conduct,
(b) criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or
(c) criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.
(6) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
(7) Local housing authorities must have regard to any guidance issued under subsection (6).
(8) The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.
(9) For the purposes of this section and section 67—
(a) a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and
(b) “final notice” has the meaning given by paragraph 6 of Schedule 5.
Your change, as a redline
66 Financial penalties
(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—
(a) breached regulations under section 64(1), or
(b) committed an offence under section 67.
(2) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—
(a) £7,000, if it is imposed under subsection (1)(a), or
(b) £40,000, if it is imposed under subsection (1)(b).
(3) More than one penalty may be imposed in respect of the same conduct only if—
(a) the conduct continues after the end of 28 days beginning with the day after that on which the final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period, or
(b) if the person appeals against that notice within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.
(4) Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
(5) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 67 if—
(a) the person has been convicted of an offence under that section in respect of the conduct,
(b) criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or
(c) criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.
(6) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
(7) Local housing authorities must have regard to any guidance issued under subsection (6).
(8) The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.
(9) For the purposes of this section and section 67—
(a) a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and
(b) “final notice” has the meaning given by paragraph 6 of Schedule 5.
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