Part 2: Rogue Landlords and Property Agents in England Chapter 2: Banning Orders Consequences of banning order, including consequences of breach Section 23: Financial penalty for breach of banning order
This section sets out that a "responsible local housing authority" may impose a financial penalty as an alternative to prosecution if it is satisfied, beyond reasonable doubt, that a person's conduct amounts to an offence of breaching a banning order. The financial penalty can be imposed by the local housing authority in whose area the offence was, or is being, committed. A person who continues to breach a banning order following the imposition of a civil penalty in relation to the breach, may be subject to further civil penalties for every additional six months, or part of that period, that they continue to breach the banning order. The local authority may determine the amount of the penalty but this may not exceed £30,000. A person cannot be liable to a financial penalty if the person has been convicted of an offence in respect of the same conduct or where criminal proceedings for that offence have begun (but not concluded).
	A local housing authority must have regard to any guidance issued by the Secretary of State about the exercise of its functions under this section or under Schedule 1. Schedule 1 sets out the procedure to be followed by a local authority where it imposes a financial penalty on a person for a breach of a banning order.
	The section also enables the Secretary of State to make regulations:
setting out how local housing authorities are to deal with the money recovered through financial penalties; and
amending the maximum amount of penalty to be charged, to reflect changes in the value of money over time.