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A | |
Bill | |
To | |
Make provision relating to household overcrowding standards and for the | |
housing needs of those living in overcrowded housing accomodation. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
1 Definition of overcrowding | |
For section 324 (Definition of overcrowding) of the Housing Act 1985 (in this | |
Act referred to as “the 1985 Act”) there is substituted— | |
“324 Definition of overcrowding | |
A dwelling is overcrowded for the purposes of this Part when the number of | 5 |
persons sleeping in the dwelling is such as to contravene— | |
(a) the standard specified in section 325 (“the bedroom standard”), | |
or | |
(b) the standard specified in section 326 (“the space standard”).” | |
2 The bedroom standard | 10 |
For section 325 (The room standard) of the 1985 Act there is substituted— | |
“325 The bedroom standard | |
(1) The bedroom standard is contravened when the number of bedrooms | |
available to the occupiers of a dwelling is less than the number of | |
bedrooms allocated to them in aggregate in accordance with the | 15 |
formula set out below in subsection 4. | |
(2) No account shall be taken for the purposes of the bedroom standard of | |
a room having a floor area of less than 50 square feet. | |
(3) A room is available as a bedroom if it is of a type normally used in the | |
locality as a bedroom. | 20 |
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(4) For the purposes of the bedroom standard a separate bedroom shall be | |
allocated to the following persons— | |
(a) a person living together with another as husband and wife | |
(whether that other person is of the same sex or the opposite | |
sex) | 5 |
(b) a person aged 21 years or more | |
(c) two persons of the same sex aged 10 years to 20 years | |
(d) two persons (whether of the same sex or not) aged less than 10 | |
years | |
(e) two persons of the same sex where one person is aged between | 10 |
10 years and 20 years and the other is aged less than 10 years | |
(f) any person aged under 21 years in any case where he or she | |
cannot be paired with another occupier of the dwelling so as to | |
fall within (c), (d) or (e) above.”. | |
3 The space standard | 15 |
For section 326 (The space standard) of the 1985 Act there is substituted— | |
“326 The space standard | |
(1) The space standard is contravened when the number of persons | |
sleeping in a dwelling is in excess of the permitted number, having | |
regard to the floor area of the rooms of the dwelling available as | 20 |
bedrooms. | |
(2) For this purpose— | |
(a) a child under the age of five shall be reckoned as half a unit and | |
a person aged five or over shall be reckoned as one unit, and | |
(b) a room is available as a bedroom if it is of a type normally used | 25 |
in the locality as a bedroom. | |
(3) The permitted number of persons in relation to a dwelling is | |
the aggregate for all such rooms in the dwelling of the numbers | |
specified in column 2 of the Table set out below in relation to each room | |
of the floor area specified in column 1; but no account shall be taken for | 30 |
the purposes of the space standard of a room having a floor area of less | |
than 50 square feet. | |
| | Floor area of | Number of | | | | | room | persons | | | | | 110 sq. ft. or | 2 | | 35 | | | more | | | | | | 90 sq. ft. or | 1.5 | | | | | more but less | | | | | | than 110 sq. ft. | | | | | | 70 sq. ft. or | 1 | | 40 | | | more but less | | | | | | than 90 sq. ft. | | | |
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| | Floor area of | Number of | | | | | room | persons | | | | | 50 sq. ft. or | 0.5 | | | | | more but less | | | | | | than 70 sq. ft. | | | 5 |
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(4) The Secretary of State may by regulations prescribe the manner in | |
which the floor area of a room is to be ascertained for the purposes of | |
this section; and the regulations may provide for the exclusion from | |
computation, or the bringing into computation at a reduced figure, of | |
floor space in a part of the room which is of less than a specified height | 10 |
not exceeding eight feet. | |
(5) Regulations under subsection (4) shall be made by statutory | |
instrument, which shall be subject to annulment in pursuance of a | |
resolution of either House of Parliament. | |
(6) A certificate of the local housing authority stating the number and floor | 15 |
areas of the rooms in a dwelling, and that the floor areas have been | |
ascertained in the prescribed manner, is prima facie evidence for the | |
purposes of legal proceedings of the facts stated in it. | |
4 Powers and duties of local housing authority and Secretary of State | |
For section 334 (Duty to inspect, report and prepare proposals) of the 1985 Act | 20 |
there is substituted— | |
“334 Duty to inspect, report and prepare proposals | |
(1) A local housing authority (“the authority”) may from time to time cause | |
an inspection to be made of their district or part of it to establish the | |
numbers of overcrowded dwellings and may thereafter prepare a | 25 |
report which shall show the result of the inspection and the number of | |
dwellings required in order to abate the overcrowding. | |
(2) In any case where the authority prepare a report on overcrowding they | |
shall submit the form to the Secretary of State who shall be required to | |
take the report into account in the disbursement of funds to the | 30 |
authority for the provision of accommodation or related purposes | |
(whether the disbursement of funds is by way of grant, subsidy or | |
otherwise). | |
(3) The authority shall exercise their power to cause an inspection to be | |
made and to prepare a report so as to ensure that the first report for | 35 |
their district is published within the period of 12 months beginning | |
with the day on which this section comes into force, whether the report | |
on overcrowding appears as part of the authority’s housing strategy | |
under Part 7 of the Local Government Act 2003 or otherwise. | |
(4) The authority shall exercise their power so as to ensure that a new | 40 |
inspection is made and a new report is published within the period of | |
five years beginning with the day on which their last report was | |
published.”. | |
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5 Exception to responsibility of occupier | |
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(1) Subsection (2) (a) of section 327 (Penalty for occupier causing or permitting | |
overcrowding) of the 1985 Act is amended as follows, by substituting or the | |
words “children attaining the age of 10” there is substituted “the birth of | 5 |
children or children attaining the age of five”. | |
(2) Section 328 (Exception: children attaining age 1 or 10) of the 1985 Act is | |
amended as follows— | |
(a) In subsection (1) for the words “a child obtaining the age of one or ten” | |
there is substituted “the birth of a child to an occupier of the dwelling | 10 |
or a child attaining the age of five”. | |
(b) In subsection (2) for the words “attained that age” there is substituted | |
“was born or attained the age of five”. | |
(c) In subsection (3)(a) for the words “attains that age” there is substituted | |
“was born or attained the age of five”. | 15 |
6 Financial provision | |
There shall be paid out of money provided by Parliament any increase attributable to | |
this Act in the sums payable out of money so provided under any other Act. | |
7 Commencement, transitional provision and general saving | |
(1) The provisions of this Act shall come into force on such day as the Secretary of | 20 |
State may by order made by statutory instrument appoint: and different days | |
may be appointed for different purposes. | |
(2) The Secretary of State may by order made by statutory instrument make such | |
transitional provisions and savings as he considers appropriate in connection | |
with the coming into force of any provision of this Act. | 25 |
(3) The powers conferred by subsections (1) and (2) are exercisable as respects | |
Wales by the National Assembly for Wales. | |
8 Short title, extent and application to the Isles of Scilly | |
(1) This Act may be cited as the Housing (Overcrowding) Act 2003. | |
(2) This Act extends to England and Wales only. | 30 |
(3) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and | |
modifications as the Secretary of State may by order direct; and the power to | |
make such an order shall be exercisable by statutory instrument subject to | |
annulment in pursuance of a resolution of either House of Parliament. | |
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Housing (Overcrowding) Bill | |
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A | |
Bill | |
To make provision relating to household overcrowding standards and for the | |
housing needs of those living in overcrowded housing accomodation. | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by the House of Commons, | | | | | to be Printed, 22nd January 2003. | | |
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© Parliamentary copyright House of Commons 2003
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Applications for reproduction should be made in writing to the Copyright Unit,
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PUBLISHED BY AUTHORITY OF THE House of Commons
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Printed in the United Kingdom by
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