The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018

• Citation: S.I. 2018/216
• Sections: 3

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018.

(2) These Regulations come into force on 6th April 2018.

(3) These Regulations apply only in relation to offences committed after these Regulations come into force.

Section 2 Interpretation

In these Regulations—

“associated person” has the meaning given by section 178 of the Housing Act 1996 ; and

“tenant”, in relation to housing, includes a person who has a licence to occupy housing.

Section 3 Banning order offences

The following offences are banning order offences —

(a) an offence listed in any of items 1 to 5 of the Schedule, unless the sentence imposed on the person convicted of the offence (“the offender”) is an absolute discharge or a conditional discharge;

(b) an offence listed in item 6 of the Schedule;

(c) an offence listed in any of items 7 to 14 of the Schedule if—

(i) the offence was committed against or in collusion with a tenant occupying any housing (or another person occupying that housing with the tenant) or the offence was committed at or in relation to that housing;

(ii) at the time the offence was committed, the offender was the residential landlord or property agent of that housing or an officer of a body corporate who was the residential landlord or property agent of that housing; and

(iii) the offender was sentenced for the offence in the Crown Court.