Section 250 – Penalty notices; are they just more window dressing?

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  • 18/04/2024 at 6:02 pm #73842
    The Hood
    Flatchatter

      Before a penalty notice under s 250 is potentially issued there is the s 249 investigation.

      249 Investigations by Secretary

      (1) The Secretary may, if the Secretary believes on reasonable grounds that an offence
      under this Act has been or may be committed, exercise the following powers to
      investigate the grounds for the belief ….

      I do note it is a ‘may’ power so it is discretionary.

      250 Penalty notices

      (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
      …
      (6) In this section, authorised officer means a person employed in the Department
      authorised in writing by the Secretary as an authorised officer for the purposes of this
      section.

      The list of offences for which a SP can be fined is very brief and in the Regulations.
      Does anyone know if these “authorised officers” actually exist and does anyone know of any SP that has ever been fined?

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    • 24/04/2024 at 3:37 pm #73928
      The Hood
      Flatchatter
      Chat-starter

        I have been in a running exchange with FT over ss 249 and 250.

        What is common to all Ft’s responses is that they will not mention either of these sections in any reply even though I have made it abundantly clear I want an OC fined under the authority the Commish of FT has in these sections.

        FT acknowledge there is a breach of s 160, i.e. the OC has no building insurance.
        FT rang the agent and he told them that was the situation.

        On top of that no one seems to know if anyone has ever been appointed as an authorised officer (s 250) OR if any OC has ever received a penalty notice (s 250).

        Given FT’s refusal to engage on these section I will have my local Member make some inquiries as FT will be less inclined to fob off a sitting Member of Parliament than they are some punter from a SP.

        My assessment of ss 249 and 250 at this point in time is that they are, without question, meaningless window dressing.

        Gotta love the Strata Schemes Management Act 2015.

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