Citation and commencement

1.—(1) These Regulations may be cited as the Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017.

(2) These Regulations come into force on 6th April 2017.

(3) These Regulations apply in relation to local housing authorities in England only.

Interpretation

2.  In these Regulations—

“the 2004 Act” means the Housing Act 2004;

“the 2007 Regulations” means the Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007(3);

“the 2016 Act” means the Housing and Planning Act 2016;

“enforcement function” means, in relation to a local housing authority(4)—

“private rented sector” means—

and for the purpose of this definition “residential premises” has the meaning given by section 1 of the 2004 Act.

Application of amounts recovered under a rent repayment order under the 2016 Act

3.—(1) A local housing authority may apply any amount recovered under a rent repayment order under Chapter 4 of Part 2 of the 2016 Act to meet the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions in relation to the private rented sector.

(2) Any amount recovered under a rent repayment order which is not applied in accordance with paragraph (1) must be paid into the Consolidated Fund.

Application of financial penalties recovered

4.—(1) A local housing authority may apply any financial penalty recovered under section 249A of the 2004 Act(6) to meet the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions in relation to the private rented sector.

(2) Any amount recovered as a financial penalty which is not applied in accordance with paragraph (1) must be paid into the Consolidated Fund.

Amendments to the 2007 Regulations

5.  For regulations 3 and 4 in the 2007 Regulations substitute—

“3.—(1) A local housing authority may apply any amount recovered under a rent repayment order to meet the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions in relation to the private rented sector.

(2) Any amount recovered under a rent repayment order which is not applied in accordance with paragraph (1) must be paid into the Consolidated Fund.

(3) In paragraph (1)—

“enforcement function” means, in relation to a local housing authority—

“private rented sector” means—

And for the purpose of this definition “residential premises” has the meaning given by section 1 of the 2004 Act.”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for how a local housing authority in England must deal with any amount recovered under a rent repayment order under Chapter 4 of Part 2 of the Housing Act 2016 (c. 22) (“the 2016 Act”) or sections 73 or 96 of the Housing Act 2004 (c. 34) (“the 2004 Act”) and any financial penalty recovered under section 249A of the 2004 Act. Any such amount may be used to meet an authority’s costs and expenses incurred in carrying out its functions connected with the private rented sector under Parts 1 to 4 of the 2004 Act and Part 2 of the 2016 Act or connected with the enforcement of legal requirements under, and promotion of compliance with, other legislation relating to the private rented sector. If it is not used for that purpose the Local Housing Authority must pay it into the Consolidated Fund.

Regulation 3 makes provision in relation to rent repayment orders made under the 2016 Act.

Regulation 4 makes provision in relation to financial penalties imposed under section 249A of the 2004 Act.

Regulation 5 makes provision in relation to rent repayment orders made under sections 73 and 96 of the 2004 Act by amending the Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007 (S.I. 2007/572).

A full regulatory impact assessment has not been prepared for this instrument as no impact on business or the private or voluntary sector is foreseen where those organisations are compliant with the relevant legislation.