Housing and Planning Bill (HL Bill 117)

Housing and Planning BillPage 120

Part 9 General

212 Power to make transitional provision

The Secretary of State may by regulations make transitional, transitory or
5saving provision in connection with the coming into force of any provision of
this Act.

213 Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential
on any provision made by this Act.

(2) 10Regulations under this section may amend, repeal or revoke any provision
made by or under an Act passed or made before this Act or in the same Session.

214 Regulations: general

(1) Regulations under this Act are to be made by statutory instrument.

(2) A statutory instrument containing—

(a) 15regulations under section 2, 3 or 4,

(b) regulations under section 13,

(c) regulations under section 68(1) that contain more than one
determination or a determination that relates to more than one local
housing authority,

(d) 20regulations under section 68(8),

(e) regulations under section 73(9),

(f) the first regulations under section 79,

(g) regulations under section 84 that amend or repeal a provision of an Act,

(h) regulations under section 92,

(i) 25regulations under section 101 or paragraph 45 of Schedule 5,

(j) regulations under section 121,

(k) regulations under section 132, 133, or 134,

(l) regulations under section 154(1),

(m) regulations under section 163 that make provision of the kind referred
30to in section 163(2), 163(5), 163(6), 163(12)(b), section 165 or section 166,

(n) regulations under section 205(2),

(o) regulations under section 213 that amend or repeal a provision of an
Act, or

(p) regulations under paragraph 8 of Schedule 15 that amend or repeal a
35provision of an Act,

(whether alone or together with other provision) may not be made unless a
draft of the instrument has been laid before and approved by a resolution of
each House of Parliament.

(3) Any other statutory instrument containing regulations under this Act is subject
40to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to a statutory instrument that only contains
regulations under section 212 or 216.

Housing and Planning BillPage 121

(5) If a draft of regulations under section 154 or 163 would, apart from this
subsection, be treated as a hybrid instrument for the purposes of the Standing
Orders of either House of Parliament, it is to proceed in that House as if it were
not a hybrid instrument.

(6) 5Regulations under this Act may make—

(a) consequential, supplementary, incidental, transitional or saving
provision;

(b)
different provision for different purposes.

215 Extent

(1) 10An amendment or repeal made by this Act has the same extent as the provision
amended or repealed.

(2) Chapter 5 of Part 4 and this Part extend to—

(a) England and Wales,

(b) Scotland, and

(c) 15Northern Ireland.

(3) Sections 207 and 208 extend to—

(a) England and Wales, and

(b) Scotland.

(4) Subject to that, this Act extends to England and Wales only.

216 20Commencement

(1) The following come into force on the day on which this Act is passed—

(a) this Part;

(b) Chapter 2 of Part 4;

(c) sections 135 and 136 and Schedule 10;

(d) 25sections 138, 139, 149, 151, 152(1) and 156;

(e) sections 163 to 169.

(2) The following come into force at the end of the period of two months beginning
with the day on which this Act is passed—

(a) section 123;

(b) 30section 129;

(c) sections 150(1) to (3) and 153.

(3) The other provisions of this Act come into force on such day as the Secretary of
State may by regulations appoint.

(4) Different days may be appointed for different purposes.

(5) 35In respect of sections 181 and 183, and Schedule 15, different days may be
appointed for different areas.

217 Short title

This Act may be cited as the Housing and Planning Act 2016.

Housing and Planning BillPage 122

SCHEDULES

Section 22

SCHEDULE 1 Financial penalty for breach of banning order

Notice of intent

1 5Before imposing a financial penalty on a person under section 22 a local
housing authority must give the person notice of its proposal to do so (a
“notice of intent”).

2 (1) The notice of intent must be given before the end of the period of 6 months
beginning with the first day on which the authority has sufficient evidence
10of the conduct to which the financial penalty relates.

(2) But if the person is continuing to engage in the conduct on that day, and the
conduct continues beyond the end of that day, the notice of intent may be
given—

(a) at any time when the conduct is continuing, or

(b) 15within the period of 6 months beginning with the last day on which
the conduct occurs.

3 The notice of intent must set out—

(a) the amount of the proposed financial penalty,

(b) the reasons for proposing to impose the financial penalty, and

(c) 20information about the right to make representations under
paragraph 4.

Right to make representations

4 (1) A person who is given a notice of intent may make written representations
to the local housing authority about the proposal to impose a financial
25penalty.

(2) Any representations must be made within the period of 28 days beginning
with the day after that on which the notice was given (“the period for
representations”).

Final notice

5 30After the end of the period for representations the local housing authority
must—

(a) decide whether to impose a financial penalty on the person, and

(b) if it decides to impose a financial penalty, decide the amount of the
penalty.

Housing and Planning BillPage 123

6 If the authority decides to impose a financial penalty on the person, it must
give the person a notice (a “final notice”) imposing that penalty.

7 The final notice must require the penalty to be paid within the period of 28
days beginning with the day after that on which the notice was given.

8 5The final notice must set out—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) information about how to pay the penalty,

(d) the period for payment of the penalty,

(e) 10information about rights of appeal, and

(f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9 (1) A local housing authority may at any time—

(a) withdraw a notice of intent or final notice, or

(b) 15reduce the amount specified in a notice of intent or final notice.

(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing
to the person to whom the notice was given.

Appeals

10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal
20against—

(a) the decision to impose the penalty, or

(b) the amount of the penalty.

(2) An appeal under this paragraph must be brought within the period of 28
days beginning with the day after that on which the final notice was sent.

(3) 25If a person appeals under this paragraph, the final notice is suspended until
the appeal is finally determined or withdrawn.

(4) An appeal under this paragraph—

(a) is to be a re-hearing of the local housing authority’s decision, but

(b) may be determined having regard to matters of which the authority
30was unaware.

(5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary
or cancel the final notice.

(6) The final notice may not be varied under sub-paragraph (4) so as to make it
impose a financial penalty of more than the local housing authority could
35have imposed.

Recovery of financial penalty

11 (1) This paragraph applies if a person fails to pay the whole or any part of a
financial penalty which, in accordance with this Schedule, the person is
liable to pay.

Housing and Planning BillPage 124

(2) The local housing authority which imposed the financial penalty may
recover the penalty or part on the order of the county court as if it were
payable under an order of that court.

(3) In proceedings before the county court for the recovery of a financial penalty
5or part of a financial penalty, a certificate which is—

(a) signed by the chief finance officer of the local housing authority
which imposed the penalty, and

(b) states that the amount due has not been received by a date specified
in the certificate,

10is conclusive evidence of that fact.

(4) A certificate to that effect and purporting to be so signed is to be treated as
being so signed unless the contrary is proved.

(5) In this paragraph “chief finance officer” has the same meaning as in section 5
of the Local Government and Housing Act 1989.

Section 24

15SCHEDULE 2 Banned person may not hold HMO licence etc

1 The Housing Act 2004 is amended as follows.

2 In section 64 (grant or refusal of HMO licence), in subsection (3), after
paragraph (a) insert—

(aa) 20that no banning order under section 15 of the Housing and
Planning Act 2016 is in force against a person who—

(i) owns an estate or interest in the house or part of it,
and

(ii) is a lessor or licensor of the house or part;”.

3 25In section 66 (HMO licence: tests for fitness etc), after subsection (3) insert—

(3C) A person is not a fit and proper person for the purposes of section
64(3)(b) or (d) if a banning order under section 15 of the Housing and
Planning Act 2016 is in force against the person.”

4 In section 68 (licences: general requirements and duration), in subsection
30(3)(b), after “section 70” insert “or 70A”.

5 For the heading of section 70 substitute “Power to revoke licences”.

6 After section 70 insert—

70A Duty to revoke licence in banning order cases

(1) The local housing authority must revoke a licence if a banning order
35is made against the licence holder.

(2) The local housing authority must revoke a licence if a banning order
is made against a person who—

(a) owns an estate or interest in the house or part of it, and

(b) is a lessor or licensor of the house or part.

Housing and Planning BillPage 125

(3) The notice served by the local housing authority under paragraph 24
of Schedule 5 must specify when the revocation takes effect.

(4) The revocation must not take effect earlier than the end of the period
of 7 days beginning with the day on which the notice is served.

(5) 5In this section “banning order” means a banning order under section
15 of the Housing and Planning Act 2016.”

7 In section 88 (grant or refusal of Part 3 licence), in subsection (3), after
paragraph (a) insert—

(aa) that no banning order under section 15 of the Housing and
10Planning Act 2016 is in force against a person who—

(i) owns an estate or interest in the house or part of it,
and

(ii) is a lessor or licensor of the house or part;”.

8 In section 89 (Part 3 licences: tests for fitness etc), after subsection (3) insert—

(3C) 15A person is not a fit and proper person for the purposes of section
88(3)(a) or (c) if a banning order under section 15 of the Housing and
Planning Act 2016 is in force against the person.”

9 In section 91 (licences: general requirements and duration), in subsection
(3)(b), after “section 93” insert “or 93A”.

10 20For the heading of section 93 substitute “Power to revoke licences”.

11 After section 93 insert—

93A Duty to revoke licence in banning order cases

(1) The local housing authority must revoke a licence if a banning order
is made against the licence holder.

(2) 25The local housing authority must revoke a licence if a banning order
is made against a person who—

(a) owns an estate or interest in the house or part of it, and

(b) is a lessor or licensor of the house or part.

(3) The notice served by the local housing authority under paragraph 24
30of Schedule 5 must specify when the revocation takes effect.

(4) The revocation must not take effect earlier than the end of the period
of 7 days beginning with the day on which the notice is served.

(5) In this section “banning order” means a banning order under section
15 of the Housing and Planning Act 2016.”

12 (1) 35Schedule 5 (licences under Parts 2 and 3: procedure and appeals) is amended
as follows.

(2) After paragraph 11 insert—

11A The requirements of paragraph 5 do not apply where the refusal
to grant the licence was because of section 66(3C) or 89(3C)
40(person with banning order not a fit and proper person).”

Housing and Planning BillPage 126

(3) After paragraph 25 insert—

25A The requirements of paragraph 22 do not apply if the revocation is
required by section 70A or 93A (duty to revoke licence in banning
order cases).”

(4) 5After paragraph 32 insert—

“No rights of appeal where banning order involved

32A (1) The right of appeal under paragraph 31(1)(a) does not apply
where a licence is refused because of section 66(3A) or 89(3A)
(person with banning order not a fit and proper person).

(2) 10The right of appeal under paragraph 32(1)(a) does not apply in
relation to the revocation of a licence required by section 70A
or 93A (duty to revoke licence in banning order cases).”

Section 25

SCHEDULE 3 Management orders following banning order

1 15The Housing Act 2004 is amended as follows.

2 (1) Section 101 (interim and final management orders) is amended as follows.

(2) In subsection (1), at the end insert “or property let in breach of a banning
order under section 15 of the Housing and Planning Act 2016”.

(3) In subsection (3)(b), omit “the grant of a licence under Part 2 or 3 in respect
20of the house or”.

(4) In subsection (5), after “section 102(7)” insert “or (7A)”.

(5) After subsection (6) insert—

(6A) In this Chapter  any reference to “the house”, in relation to an interim
or final management order that relates to property let in breach of a
25banning order under section 15 of the Housing and Planning Act
2016, means the property let in breach of that order.

(6B) In this Chapter any reference to property that is let in breach of a
banning order under section 15 of the Housing and Planning Act
2016 includes property in respect of which a breach is (or would be)
30caused by a licence to occupy.

(6C) When determining for the purposes of this Chapter whether
property is let in breach of a banning order disregard any exception
included in the banning order in reliance on section 16 of the
Housing and Planning Act 2016.”

3 (1) 35Section 102 (making of interim management orders) is amended as follows.

(2) In subsection (1)(b), for “or (7)” substitute “, (7) or (7A)”.

Housing and Planning BillPage 127

(3) After subsection (7) insert—

(7A) The authority may make an interim management order in respect of
any property let in breach of a banning order under section 15 of the
Housing and Planning Act 2016.

(4) 5In subsection (9), after “the making of an interim management order” insert
“under subsection (2), (3), (4) or (7)”.

4 (1) Section 105 (operation of interim management orders) is amended as
follows.

(2) After subsection (7) insert—

(7A) 10An order under section 102(7A) ceases to have effect (if it has not
already ceased to have effect) when the ban on letting housing in
England ceases to have effect.

(7B) In subsection (7A) “the ban on letting housing in England” means the
ban on letting contained in the banning order mentioned in section
15102(7A).”

(3) In subsection (8), for “and” substitute “to”.

(4) After subsection (9) insert—

(9A) If—

(a) the IMO was made under section 102(7A), and

(b) 20the date on which the FMO or another interim management
order comes into force in relation to the house (or part of it)
following the disposal of the appeal is later than the date on
which the IMO would cease to have effect apart from this
subsection,

25the IMO continues in force until that later date.”

5 (1) Section 110 (financial arrangements while order is in force) is amended as
follows.

(2) In subsection (4), at the beginning insert “If the interim management order
is not made under section 102(7A),”.

(3) 30After subsection (5) insert—

(5A) The Secretary of State may by regulations make provision about how
local authorities are to deal with any surplus in a case where the
interim management order was made under section 102(7A).

(5B) In subsection (5A) “surplus” means any amount of rent or other
35payments collected or recovered as mentioned in subsection (3) that
remains after deductions to meet relevant expenditure and any
amounts of compensation payable as mentioned in that subsection.”

6 In section 112 (revocation of interim management orders), after subsection
(2) insert—

(2A) 40An interim management order may not be revoked under this
section if—

(a) the immediate landlord is subject to a banning order under
section 15 of the Housing and Planning Act 2016,

Housing and Planning BillPage 128

(b) there is in force an agreement which, under section 108, has
effect as a lease or licence granted by the authority, and

(c) revoking the interim management order would cause the
immediate landlord to breach the banning order because of
5the effect of section 130(2)(b).”

7 (1) Section 113 (making of final management orders) is amended as follows.

(2) In subsection (1), for “section 102” substitute “any provision of section 102
other than subsection (7A) of that section”.

(3) After subsection (3) insert—

(3A) 10A local housing authority who have made an interim management
order under section 102(7A) may make a final management order so
as to replace the interim management order as from its expiry date if
the authority consider that making the final management order is
necessary for the purpose of protecting, on a long-term basis, the
15health, safety or welfare of persons occupying the house, or persons
occupying or having an estate or interest in any premises in the
vicinity.”

(4) In subsection (4), after “under” insert “subsection (2), (3), (5) or (6) of”.

(5) After subsection (6) insert—

(6A) 20A local housing authority who have made a final management order
in respect of a house under subsection (3A) or this subsection (“the
existing order”) may make a new final management order so as to
replace the existing order as from its expiry date if the authority
consider that making the new order is necessary for the purpose of
25protecting, on a long-term basis, the health, safety or welfare of
persons occupying the house, or persons occupying or having an
estate or interest in any premises in the vicinity.”

8 (1) Section 114 (operation of final management orders) is amended as follows.

(2) After subsection (4) insert—

(4A) 30An order under section 113(3A) or (6A) ceases to have effect (if it has
not already ceased to have effect) when the relevant ban on letting
housing in England ceases to have effect.

(4B) In subsection (4A) “the relevant ban on letting housing in England”
means the ban on letting contained in the banning order mentioned
35in section 102(7A).”

(3) In subsection (5), for “and” substitute “to”.

(4) After subsection (6) insert—

(6A) If—

(a) the existing order was made under section 113(3A) or (6A),
40and

(b) the date on which the new order comes into force in relation
to the house (or part of it) following the disposal of the appeal
is later than the date on which the existing order would cease
to have effect apart from this subsection,

45the existing order continues in force until that later date.

Housing and Planning BillPage 129

9 In section 119 (management schemes and accounts), after subsection (4)
insert—

(4A) Subsection (4)(f) and (g) does not apply in a case where the final
management order was made under section 113(3A) or (6A).

(4B) 5The Secretary of State may by regulations make provision about how
local authorities are to deal with any surplus in a case where the final
management order was made under section 113(3A) or (6A).

(4C) In subsection (4B) “surplus” means any amount of rent or other
payments that the authority have collected or recovered, by virtue of
10this Chapter, that remains after deductions to meet relevant
expenditure and any amounts of compensation payable as
mentioned in subsection (2)(d).”

10 In section 122 (revocation of final management orders), after subsection (2)
insert—

(2A) 15A final management order may not be revoked under this section at
a time when—

(a) the immediate landlord is subject to a banning order under
section 15 of the Housing and Planning Act 2016,

(b) there is in force an agreement which, under section 117, has
20effect as a lease or licence granted by the authority, and

(c) revoking the final management order would cause the
immediate landlord to breach the banning order because of
the effect of section 130(2)(b).”

11 In section 129 (termination of management orders: financial arrangements),
25in subsection (2), after “order” insert “that is not made under section
102(7A)”.

12 (1) Schedule 6 (management orders: procedure and appeals) is amended as
follows.

(2) In paragraph 7(4)(c), for “section 105(4) and (5) or 114(3) and (4)” substitute
30“section 105(4), (5) or (7A) or 114(3), (4) or (4A)”.

(3) In paragraph 26, after sub-paragraph (4) insert—

(4A) An interim management order may not be revoked under this
paragraph if—

(a) the immediate landlord is subject to a banning order under
35section 15 of the Housing and Planning Act 2016,

(b) there is in force an agreement which, under section 108,
has effect as a lease or licence granted by the authority, and

(c) revoking the interim management order specified in the
order would cause the immediate landlord to breach the
40banning order because of the effect of section 130(2)(b).

(4B) In a case where sub-paragraph (4A) would otherwise prevent the
tribunal from revoking the order with effect from a particular
date, the tribunal may require the local housing authority to
exercise any power it has to bring an agreement mentioned in that
45sub-paragraph to an end.”