Can't recall whether I posted this before. I carry the text below on a laminated card while out on district to remind myslef and residents of powers to require information. Note that 1. Identifying Liable Persons is a delegation from Local Tax. This has been useful from time to time. EPOs should offer their services to Local Tax Teams to gather info that they may need in return for this 'delegation'. NPG 1. IDENTIFYING LIABLE PERSONS The Local Government Finance Act 1992, Schedule 2, section 2 paragraph 3 states; (3) (a) that any person appearing to an (billing) authority to be a resident, owner or managing agent of a particular dwelling shall supply information to the authority, where: (i) it is in the possession or control of the person concerned; (ii) the authority requests the person to supply it; and (iii) it is requested for the purpose of identifying who will be the liable person in relation to the dwelling 2. ACCESS TO COUNCIL TAX DATA Section 85 of the Local Government Act 2003, amended the Local Government Finance Act 1992. The information used by the Empty HomesOfficer is restricted to an individual’s name, address, or telephone number. Section 85 LGA 2003 is used when the Empty Homes Officer requires a. Information regarding an individual property or properties on a reactive basis, and b. A periodic report on empty homes across the Borough. 3. REQUESTING INFORMATION THAT MAY BE DPA SENSITIVE Section 35 (2) of the Data Protection Act 1988 Requesting information, “(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or (b) for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.” 4. HOUSING ACT 2004 REQUEST FOR INFO (PROPERTY SPECIFIC) Section 237 of the Housing Act 2004. Use of information obtained for certain other statutory purposes (1) A local housing authority may use any information to which this section applies- (a) for any purpose connected with the exercise of any of the authority’s functions under any of Parts 1 to 4 in relation to any premises, or (b) for the purpose of investigating whether any offence has been committed under any of those parts in relation to any premises. (2) This section applies to any information which has been obtained by the authority in the exercise of functions under- (a) section 134 of the Social Security Administration Act 1992 (c. 5) (housing benefit), or
Part 1 of the Local Government Finance Act 1992 (c. 14) (council tax).
Section 237 is used for individual empty homes that have progressed to a stage where the Council is exercising any powers under Parts 1 to 4 in relation to that particular property. Parts 1 to 4 include powers to enforce housing standards and the power to make Empty Dwelling Management Orders. 5. DATA RETAINED BY THE COUNCIL Reading Borough Council is a Data Controller under the Data Protection Act. We hold information for the purposes specified in our notification to the Information Commissioner and may use this information for any of them. We may get information about you from others or we may give information to them. If we do, it will only be as the law permits, to check the accuracy of information, prevent fraud or detect crime or to protect public funds.