Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Part 6 — Other provisions about housing
Chapter 3 — Miscellaneous
120

(b)
for “qualifying park home” in the definition of “premises” substitute
“caravan”, and
(c)
omit the definition of “qualifying park home”.
(8)
In section 59 (index of defined expressions)—
(a)
before the entry relating to “certified date” insert—
5

“caravan
section 58”; and

(b)
omit the entry relating to “qualifying park home”.
(9)
The amendments made by this section do not apply in relation to any
application for a disabled facilities grant under the Housing Grants,
Construction and Regeneration Act 1996 (c. 53) that is made before the day on
10
which this section comes into force.
Annual reports by local housing authorities
168
Removal of duty on local housing authorities to send annual reports to
tenants etc.
Omit section 167 of the Local Government and Housing Act 1989 (c. 42) (duty
15
of local housing authorities to send annual reports to tenants).
Social Housing Ombudsman for Wales
169
Social Housing Ombudsman for Wales
(1)
After subsection (6) of section 51 of the Housing Act 1996 (c. 52) (schemes for
investigation of housing complaints) insert—
20
“(7)
This section shall not apply in relation to social landlords in Wales
(within the meaning given by section 51C).”
(2)
After that section insert—
“51A
Social Housing Ombudsman for Wales
(1)
For the purpose of the investigation of complaints made about social
25
landlords in Wales, there shall be an office of Social Housing
Ombudsman for Wales or Ombwdsmon Tai Cymdeithasol Cymru.
(2)
The person who is the Local Commissioner for Wales shall also be the
Social Housing Ombudsman for Wales.
(3)
If there is more than one person who is a Local Commissioner for
30
Wales, the Commission for Local Administration in Wales shall
designate one of them to be the Social Housing Ombudsman for Wales.
(4)
If a person who is the Social Housing Ombudsman for Wales ceases to
be a Local Commissioner for Wales, he shall cease to be the Social
Housing Ombudsman for Wales.
35
(5)
The power under section 23(6) of the Local Government Act 1974 to
remove a Local Commissioner for Wales from office on grounds of
incapacity or misbehaviour includes a power to remove him from that

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Part 6 — Other provisions about housing
Chapter 3 — Miscellaneous
121

office on grounds of incapacity or misbehaviour which are exclusively
or partly relevant to the office of Social Housing Ombudsman for
Wales.
(6)
“Local Commissioner for Wales” shall be construed in accordance with
section 23 of the Local Government Act 1974.
5
(7)
Schedule 2A (which contains further provision about the Social
Housing Ombudsman for Wales) shall have effect.
51B
Investigation of complaints
(1)
The National Assembly for Wales may by regulations make provision
about the investigation by the Social Housing Ombudsman for Wales
10
of complaints made about social landlords in Wales.
(2)
Regulations under subsection (1) may in particular make provision
about—
(a)
the matters about which complaints may be made;
(b)
the grounds on which a matter may be excluded from
15
investigation, including that the matter is the subject of court
proceedings or was the subject of court proceedings where
judgment on the merits was given;
(c)
the description of individual who may make a complaint;
(d)
a power of the Social Housing Ombudsman for Wales to
20
investigate any complaint duly made (whether the complaint is
subsequently withdrawn or not), and, where he investigates,
the making of a determination;
(e)
a power of the Social Housing Ombudsman for Wales to
propose alternative methods of resolving a dispute;
25
(f)
the powers of the Social Housing Ombudsman for Wales for the
purposes of his investigations (including powers to consult and
co-operate with other persons), and the procedure to be
followed in the conduct of investigations;
(g)
the powers of the Social Housing Ombudsman for Wales on
30
making a determination, which may include power—
(i)
to make recommendations as to action to be taken to
remedy any injustice to the person aggrieved and to
prevent any similar injustice being caused in the future,
(ii)
to make orders with regard to the payment of
35
compensation or to order that a person is not to exercise,
or require the performance of, certain rights or
obligations, and
(iii)
to publish statements, or to make orders requiring the
publication of statements, that a person has failed to
40
comply with an order mentioned in sub-paragraph (ii);
(h)
the manner in which determinations are to be—
(i)
communicated to the complainant and the person
against whom the complaint was made; and
(ii)
published (with or without excisions).
45
(3)
Regulations under this section may contain such supplementary,
incidental, consequential or transitional provisions and savings as the
National Assembly for Wales considers appropriate.

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Part 7 — Supplementary and final provisions
122

(4)
Regulations under this section may make different provision for
different cases or descriptions of case.
(5)
Regulations under this section shall be made by statutory instrument.
51C
Meaning of “social landlord in Wales”
(1)
“Social landlord in Wales” means—
5
(a)
a body which is registered as a social landlord in the register
maintained by the National Assembly for Wales under section
1 of this Act;
(b)
a body which was at any time registered as a social landlord in
that register (or in the register previously maintained under that
10
section by the Secretary of State or Housing for Wales); and
(c)
any other body which was at any time registered with Housing
for Wales, the Secretary of State or the National Assembly for
Wales and which owns or manages publicly-funded dwellings.
(2)
In subsection (1)(c) a “publicly-funded” dwelling means a dwelling
15
which was—
(a)
provided by means of a grant under—
(i)
section 18 of this Act (social housing grant); or
(ii)
section 50 of the Housing Act 1988, section 41 of the
Housing Associations Act 1985, or section 29 or 29A of
20
the Housing Act 1974 (housing association grant); or
(b)
acquired on a disposal by a public sector landlord.
(3)
The National Assembly for Wales may by order made by statutory
instrument add to or amend the descriptions of landlords who are to be
treated as social landlords in Wales.
25
(4)
Before making any such order the National Assembly for Wales shall
consult such persons as it considers appropriate.
(5)
Any such order may contain such supplementary, incidental,
consequential or transitional provisions and savings as the National
Assembly for Wales considers appropriate.”
30
(3)
After Schedule 2 to that Act there is inserted, as Schedule 2A, the Schedule set
out in Schedule 8 to this Act.
(4)
In Schedule 4 to the Local Government Act 1974 (c. 7), in paragraph 1(3)
(validity of acts despite disqualification for being appointed as, or for being, a
Local Commissioner) after “office” there is inserted “or in the office of Social
35
Housing Ombudsman for Wales”.
Part 7
Supplementary and final provisions
Register of licences and management orders
170
Register of licences and management orders
40
(1)
Every local housing authority must establish and maintain a register of—
(a)
all licences granted by them under Part 2 or 3 which are in force;

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123

(b)
all temporary exemption notices served by them under section 51 or
section 73 which are in force; and
(c)
all interim and final management orders made by them under Part 4
which are in force.
(2)
The register may, subject to any requirements that may be prescribed, be in
5
such form as the authority consider appropriate.
(3)
Each entry in the register is to contain such particulars as may be prescribed.
(4)
The authority must ensure that the contents of the register are available at the
authority’s head office for inspection by members of the public at all
reasonable times.
10
(5)
If requested by a person to do so and subject to payment of such reasonable fee
(if any) as the authority may determine, a local housing authority must supply
the person with a copy (certified to be true) of the register or of an extract from
it.
(6)
A copy so certified is prima facie evidence of the matters mentioned in it.
15
(7)
In this section “prescribed” means prescribed by regulations made by the
appropriate national authority.
Codes of practice and management regulations relating to HMOs
171
Approval of codes of practice with regard to the management of HMOs
(1)
The appropriate national authority may by order—
20
(a)
approve a code of practice (whether prepared by that authority or
another person) laying down standards of conduct and practice to be
followed with regard to the management of houses in multiple
occupation;
(b)
approve a modification of such a code; or
25
(c)
withdraw the authority’s approval of such a code or modification.
(2)
Before approving a code of practice or a modification of a code of practice
under this section the appropriate national authority must take reasonable
steps to consult—
(a)
persons involved in the management of houses in multiple occupation
30
and persons occupying such houses, or
(b)
persons whom the authority considers to represent the interests of
those persons.
(3)
The appropriate national authority may only approve a code of practice or a
modification of a code if satisfied that—
35
(a)
the code or modification has been published (whether by the authority
or by another person) in a manner that the authority considers
appropriate for the purpose of bringing the code or modification to the
attention of those likely to be affected by it; or
(b)
arrangements have been made for the code or modification to be so
40
published.
(4)
The appropriate national authority may approve a code of practice which
makes different provision in relation to different cases or descriptions of case
(including different provision for different areas).

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124

(5)
A failure to comply with a code of practice for the time being approved under
this section does not of itself make a person liable to any civil or criminal
proceedings.
172
Management regulations in respect of HMOs
(1)
The appropriate national authority may by regulations make provision for the
5
purpose of ensuring that, in respect of every house in multiple occupation of a
description specified in the regulations—
(a)
there are in place satisfactory management arrangements; and
(b)
satisfactory standards of management are observed.
(2)
The regulations may, in particular, impose duties on persons occupying a
10
house for the purpose of ensuring that the person managing the house can
effectively carry out any duty imposed on him by the regulations.
(3)
A person commits an offence if he fails to comply with a regulation under this
section.
(4)
In proceedings against a person for an offence under subsection (3) it is a
15
defence that he had a reasonable excuse for not complying with the regulation.
(5)
A person who commits an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
Information provisions
173
Power to require documents to be produced
20
(1)
The powers conferred by this section are exercisable by or on behalf of a local
housing authority—
(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
25
committed under any of those Parts in relation to any premises.
(2)
A local housing authority may give a notice to a relevant person requiring
him—
(a)
to produce any documents which—
(i)
are specified or described in the notice, or fall within a category
30
of document which is specified or described in the notice, and
(ii)
are in his custody or under his control, and
(b)
to produce them at a time and place so specified and to a person so
specified.
(3)
The notice must include information about the possible consequences of not
35
complying with the notice.
(4)
The person to whom any document is produced in accordance with the notice
may copy the document.
(5)
No person may be required under this section to produce any document which
he would be entitled to refuse to provide in proceedings in the High Court on
40
grounds of legal professional privilege.

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(6)
In this section “document” includes information recorded otherwise than in
legible form, and in relation to information so recorded, any reference to the
production of a document is a reference to the production of a copy of the
information in legible form.
(7)
In this section “relevant person” means, in relation to any premises, a person
5
within any of the following paragraphs—
(a)
a person who is, or is proposed to be, the holder of a licence under Part
2 or 3 in respect of the premises, or a person on whom any obligation or
restriction under such a licence is, or is proposed to be, imposed,
(b)
a person who has an estate or interest in the premises,
10
(c)
a person who is, or is proposing to be, managing or having control of
the premises,
(d)
a person who is, or is proposing to be, otherwise involved in the
management of the premises,
(e)
a person who occupies the premises.
15
174
Enforcement of powers to obtain information
(1)
A person commits an offence if he fails to do anything required of him by a
notice under section 173.
(2)
In proceedings against a person for an offence under subsection (1) it is a
defence that he had a reasonable excuse for failing to comply with the notice.
20
(3)
A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(4)
A person commits an offence if he intentionally alters, suppresses or destroys
any document which he has been required to produce by a notice under section
173.
25
(5)
A person who commits an offence under subsection (4) is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;
(b)
on conviction on indictment, to a fine.
(6)
In this section “document” includes information recorded otherwise than in
30
legible form, and in relation to information so recorded—
(a)
the reference to the production of a document is a reference to the
production of a copy of the information in legible form, and
(b)
the reference to suppressing a document includes a reference to
destroying the means of reproducing the information.
35
175
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
40
(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—

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(a)
section 134 of the Social Security Administration Act 1992 (c. 5)
(housing benefit), or
(b)
Part 1 of the Local Government Finance Act 1992 (c. 14) (council tax).
176
False or misleading information
(1)
A person commits an offence if—
5
(a)
he supplies any information to a local housing authority in connection
with any of their functions under any of Parts 1 to 4 or this Part,
(b)
the information is false or misleading, and
(c)
he knows that it is false or misleading or is reckless as to whether it is
false or misleading.
10
(2)
A person commits an offence if—
(a)
he supplies any information to another person which is false or
misleading,
(b)
he knows that it is false or misleading or is reckless as to whether it is
false or misleading, and
15
(c)
he knows that the information is to be used for the purpose of
supplying information to a local housing authority in connection with
any of their functions under any of Parts 1 to 4 or this Part.
(3)
A person who commits an offence under subsection (1) or (2) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
20
(4)
In this section “false or misleading” means false or misleading in any material
respect.
Enforcement
177
Powers of entry
(1)
Subsection (2) applies where the local housing authority consider that a survey
25
or examination of any premises is necessary and any of the following
conditions is met —
(a)
the authority consider that the survey or examination is necessary in
order to determine whether any functions under any of Parts 1 to 4 or
this Part should be exercised in relation to the premises;
30
(b)
the premises are (within the meaning of Part 1) specified premises in
relation to an improvement notice or prohibition order;
(c)
an interim or final management order is in force under Part 4 in respect
of the premises.
(2)
A person authorised by the local housing authority may enter the premises at
35
any reasonable time for the purpose of carrying out a survey or examination of
the premises.
(3)
If—
(a)
an interim or final management order is in force under Part 4 in respect
of any premises consisting of part of a house (“the relevant premises”),
40
and
(b)
another part of the house is excluded from the order by virtue of section
87(8) or 97(7),