Part 6 – Leasehold and estate management: Redress schemes Section 105: Financial penalties
Section 105(1) provides that an enforcement authority may impose a financial penalty on a person (a landlord or estate manager) if satisfied beyond reasonable doubt that they have breached regulations under Section 100(1). The meaning of "enforcement authority" is set out in Section 111 and means the lead enforcement authority; the Secretary of State; a county council in England; a district council; a London borough council; the Common Council of the City of London (in its capacity as the local authority); the Council of the Isles of Scilly; or another person designated by the Secretary of State as an enforcement authority.
	Subsections (2) and (3) provide that the Secretary of State may make provision by regulations about the investigation by an enforcement authority of suspected breaches of regulations under Section 100(1) for the purpose of determining whether to impose a financial penalty, including (but not necessarily limited to) co-operation and information sharing between enforcement authorities.
	Subsection (4) provides that the amount of the financial penalty to be imposed under this Section will be determined as set out in Section 106.
	Subsection (5) provides that more than one penalty may be imposed for the same conduct only if the conduct continues after the end of 28 days on which the final notice in respect of the previous penalty was given (unless the person appeals that notice) or, if the person appeals against the notice, then the conduct continues after 28 days when the appeal is determined, withdrawn or abandoned. Terms and processes used in Subsection (5) are defined in Subsection (8) and Schedule 12.
	Subsection (6) clarifies that Subsection (5) does not enable a penalty to be imposed after a final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
	Subsection (7) sets out that Schedule 12 makes provision about the procedure for imposing a financial penalty under this Section; appeals against financial penalties; enforcement of financial penalties; and how enforcement authorities are to deal with the proceeds of financial penalties.
	Subsection (8) clarifies that for the purposes of this Section and Section 106, a financial penalty is imposed on the date specified in the final notice as the date on which the notice was given. ‘Final notice’ has the meaning given by paragraph 3 of Schedule 12.
	Subsection (9) makes clear a statutory instrument containing regulations under this Section (whether alone or with other provision) is subject to the affirmative procedure.