|
| |
|
| the power of entry conferred by subsection (2) is exercisable in relation to any |
| |
premises comprised in that other part so far as is necessary for the purpose of |
| |
carrying out a survey or examination of the relevant premises. |
| |
(4) | Before entering any premises in exercise of the power conferred by subsection |
| |
(2), the authorised person must have given at least 24 hours’ notice of his |
| 5 |
| |
(a) | to the owner of the premises (if known), and |
| |
(b) | to the occupier (if any). |
| |
(5) | Subsection (6) applies where the local housing authority consider that any |
| |
premises need to be entered for the purpose of ascertaining whether an offence |
| 10 |
has been committed under section 61, 82 or 172(3). |
| |
(6) | A person authorised by the local housing authority may enter the premises for |
| |
| |
(a) | at any reasonable time, but |
| |
(b) | without giving any prior notice as mentioned in subsection (4). |
| 15 |
(7) | An authorisation for the purposes of this section— |
| |
(a) | must be in writing; and |
| |
(b) | must state the particular purpose or purposes for which the entry is |
| |
| |
(8) | A person authorised for the purposes of this section must, if required to do so, |
| 20 |
produce his authorisation for inspection by the owner or any occupier of the |
| |
premises or anyone acting on his behalf. |
| |
(9) | If the premises are unoccupied or the occupier is temporarily absent, a person |
| |
exercising the power of entry conferred by subsection (2) must leave the |
| |
premises as effectively secured against trespassers as he found them. |
| 25 |
(10) | In this section “occupier”, in relation to premises, means a person who occupies |
| |
the premises, whether for residential or other purposes. |
| |
178 | Warrant to authorise entry |
| |
(1) | This section applies where a justice of the peace is satisfied, on a sworn |
| |
information in writing, that admission to premises specified in the information |
| 30 |
is reasonably required for any of the purposes mentioned in subsection (2) by |
| |
| |
| |
(b) | acting on the instructions of, |
| |
| the local housing authority. |
| 35 |
| |
(a) | surveying or examining premises 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; |
| |
(b) | surveying or examining premises— |
| 40 |
(i) | which are (within the meaning of Part 1) specified premises in |
| |
relation to an improvement notice or prohibition order, or |
| |
(ii) | in respect of which an interim or final management order is in |
| |
| |
|
| |
|
| |
|
(c) | ascertaining whether an offence has been committed under section 61, |
| |
| |
(3) | The justice may by warrant under his hand authorise the person mentioned in |
| |
subsection (1) to enter on the premises for such of those purposes as may be |
| |
specified in the warrant. |
| 5 |
(4) | But the justice must not grant the warrant unless he is satisfied— |
| |
(a) | that admission to the premises has been sought in accordance with |
| |
section 177(4) or (6) but has been refused; |
| |
(b) | that the premises are unoccupied or that the occupier is temporarily |
| |
absent and it might defeat the purpose of the entry to await his return; |
| 10 |
| |
(c) | that application for admission would defeat the purpose of the entry. |
| |
(5) | The power of entry conferred by a warrant under this section— |
| |
(a) | includes power to enter by force (if necessary); and |
| |
(b) | may be exercised by the person on whom it is conferred either alone or |
| 15 |
together with other persons. |
| |
(6) | A warrant under this section must, if so required, be produced for inspection |
| |
by the owner or any occupier of the premises or anyone acting on his behalf. |
| |
(7) | If the premises are unoccupied or the occupier is temporarily absent, a person |
| |
entering under the authority of a warrant under this section must leave the |
| 20 |
premises as effectively secured against trespassers as he found them. |
| |
(8) | A warrant under this section continues in force until the purpose for which the |
| |
entry is required is satisfied. |
| |
(9) | In a case within section 177(3)(a) and (b), the powers conferred by this section |
| |
are exercisable in relation to premises comprised in the excluded part of the |
| 25 |
house as well as in relation to the relevant premises. |
| |
(10) | In this section “occupier”, in relation to premises, means a person who occupies |
| |
the premises, whether for residential or other purposes. |
| |
179 | Penalty for obstruction |
| |
(1) | A person who obstructs a relevant person in the performance of anything |
| 30 |
which, by virtue of any of Parts 1 to 4 or this Part, that person is required or |
| |
authorised to do commits an offence. |
| |
(2) | In proceedings against a person for an offence under subsection (1) it is a |
| |
defence that he had a reasonable excuse for obstructing the relevant person. |
| |
(3) | A person who commits an offence under subsection (1) is liable on summary |
| 35 |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
(4) | In this section “relevant person” means an officer of a local housing authority |
| |
or any person authorised to enter premises by virtue of any of Parts 1 to 4 or |
| |
| |
180 | Additional notice requirements for protection of owners |
| 40 |
(1) | This section applies where an owner of premises gives a notice to the local |
| |
housing authority for the purposes of this section informing them of his |
| |
interest in the premises. |
| |
|
| |
|
| |
|
(2) | The authority must give him notice of any action taken by them under any of |
| |
Parts 1 to 4 or this Part in relation to the premises. |
| |
| |
181 | Power to prescribe forms |
| |
(1) | The appropriate national authority may by regulations prescribe the form of |
| 5 |
any notice, statement or other document which is required or authorised to be |
| |
used under, or for the purposes of, this Act. |
| |
(2) | The power conferred by this section is not exercisable where specific provision |
| |
for prescribing the form of a document is made elsewhere in this Act. |
| |
182 | Power to dispense with notices |
| 10 |
(1) | The appropriate national authority may dispense with the service of a notice |
| |
which is required to be served by a local housing authority under this Act if |
| |
satisfied that it is reasonable to do so. |
| |
(2) | A dispensation may be given either before or after the time at which the notice |
| |
is required to be served. |
| 15 |
(3) | A dispensation may be given either unconditionally or on such conditions |
| |
(whether as to the service of other notices or otherwise) as the appropriate |
| |
national authority considers appropriate. |
| |
(4) | Before giving a dispensation under this section, the appropriate national |
| |
authority shall, in particular, have regard to the need to ensure, so far as |
| 20 |
possible, that the interests of any person are not prejudiced by the |
| |
| |
| |
(1) | Subsection (2) applies where the local housing authority is, by virtue of any |
| |
provision of Parts 1 to 4, under a duty to serve a document on a person who, to |
| 25 |
the knowledge of the authority, is— |
| |
(a) | a person having control of premises, |
| |
(b) | a person managing premises, or |
| |
(c) | a person having an estate or interest in premises, whether or not |
| |
restricted to persons who are owners or lessees or mortgagees or to any |
| 30 |
other class of those having an estate or interest in premises, |
| |
| or a person who (but for an interim or final management order under Part 4) |
| |
would fall within paragraph (a) or (b). |
| |
(2) | The local housing authority shall take reasonable steps to identify the person |
| |
or persons falling within the description in that provision. |
| 35 |
(3) | A person having an estate or interest in premises may for the purposes of any |
| |
provision to which subsections (1) and (2) apply give notice to the local |
| |
housing authority of his interest in the premises. |
| |
(4) | The local housing authority must enter a notice under subsection (3) in its |
| |
| 40 |
|
| |
|
| |
|
(5) | A document required or authorised by any of Parts 1 to 4 to be served on a |
| |
person as being a person having control of premises may, if it is not practicable |
| |
after reasonable enquiry to ascertain the name or address of that person, be |
| |
| |
(a) | addressing it to him by the description of “person having control of” the |
| 5 |
premises (naming them) to which it relates, and |
| |
(b) | delivering it to some person on the premises or, if there is no person on |
| |
the premises to whom it can be delivered, by fixing it, or a copy of it, to |
| |
some conspicuous part of the premises. |
| |
(6) | Where under any provision of Parts 1 to 4 or this Part a document is to be |
| 10 |
| |
(a) | the person having control of premises, |
| |
(b) | the person managing premises, or |
| |
(c) | the owner of premises, |
| |
| and more than one person comes within the description in the provision, the |
| 15 |
document may be served on more than one of those persons. |
| |
(7) | Section 233 of the Local Government Act 1972 (c. 70) (service of notices by local |
| |
authorities) applies in relation to the service of documents for any purposes of |
| |
this Act by the authorities mentioned in section 196(2)(d) and (e) of this Act as |
| |
if they were local authorities within the meaning of section 233. |
| 20 |
(8) | In this section references to serving include references to similar expressions |
| |
(such as giving or sending). |
| |
| |
| “document” includes anything in writing; |
| |
| “premises”, in the context of a reference to a person managing or having |
| 25 |
control of, or to the owner of, premises, means premises however |
| |
| |
184 | Licences and other documents in electronic form |
| |
(1) | A local housing authority may, subject to subsection (3), issue a licence to a |
| |
person under Part 2 or 3 by transmitting the text of the licence to him by |
| 30 |
electronic means, provided the text— |
| |
(a) | is received by him in legible form, and |
| |
(b) | is capable of being used for subsequent reference. |
| |
(2) | A local housing authority may, subject to subsection (3), serve a relevant |
| |
document on a person by transmitting the text of the document to him in the |
| 35 |
way mentioned in subsection (1). |
| |
(3) | The recipient, or the person on whose behalf the recipient receives the |
| |
document, must have indicated to the local housing authority the recipient’s |
| |
willingness to receive documents transmitted in the form and manner used. |
| |
(4) | An indication for the purposes of subsection (3)— |
| 40 |
(a) | must be given to the local housing authority in such manner as they |
| |
| |
(b) | may be a general indication or one that is limited to documents of a |
| |
| |
|
| |
|
| |
|
(c) | must state the address to be used and must be accompanied by such |
| |
other information as the local housing authority require for the making |
| |
| |
(d) | may be modified or withdrawn at any time by a notice given to the local |
| |
housing authority in such manner as they may require. |
| 5 |
(5) | In this section any reference to serving includes a reference to similar |
| |
expressions (such as giving or sending). |
| |
| |
| “document” includes anything in writing; and |
| |
| “relevant document” means any document which a local housing |
| 10 |
authority are, by virtue of any provision of Parts 1 to 4 or this Part, |
| |
under a duty to serve on any person. |
| |
185 | Timing and location of things done electronically |
| |
(1) | The Secretary of State may by regulations make provision specifying, for the |
| |
purposes of any of Parts 1 to 4 or this Part, the manner of determining— |
| 15 |
(a) | the times at which things done under any of Parts 1 to 4 or this Part by |
| |
means of electronic communications networks are done; |
| |
(b) | the places at which things done under any of Parts 1 to 4 or this Part by |
| |
means of such networks are done; and |
| |
(c) | the places at which things transmitted by means of such networks are |
| 20 |
| |
(2) | The Secretary of State may by regulations make provision about the manner of |
| |
proving in any legal proceedings— |
| |
(a) | that something done by means of an electronic communications |
| |
network satisfies any requirements of any of Parts 1 to 4 or this Part for |
| 25 |
the doing of that thing; and |
| |
(b) | the matters mentioned in subsection (1)(a) to (c). |
| |
(3) | Regulations under this section may provide for such presumptions to apply |
| |
(whether conclusive or not) as the Secretary of State considers appropriate. |
| |
(4) | In this section “electronic communications network” has the meaning given by |
| 30 |
section 32 of the Communications Act 2003 (c.21). |
| |
186 | Proof of designations |
| |
(1) | This subsection applies in respect of a copy of— |
| |
(a) | a designation under section 45 (designation of an area as subject to |
| |
additional licensing), or |
| 35 |
(b) | a designation under section 67 (designation of an area as subject to |
| |
| |
| which purports to be made by a local housing authority. |
| |
(2) | A certificate endorsed on such a copy and purporting to be signed by the |
| |
proper officer of the authority stating the matters set out in subsection (3) is |
| 40 |
prima facie evidence of the facts so stated without proof of the handwriting or |
| |
official position of the person by whom it purports to be signed. |
| |
| |
(a) | that the designation was made by the authority, |
| |
|
| |
|
| |
|
(b) | that the copy is a true copy of the designation, and |
| |
(c) | that the designation did not require confirmation by the confirming |
| |
authority, or that on a specified date the designation was confirmed by |
| |
the confirming authority. |
| |
Other supplementary provisions |
| 5 |
187 | Orders and regulations |
| |
(1) | Any power of the Secretary of State or the National Assembly for Wales to |
| |
make an order or regulations under this Act is exercisable by statutory |
| |
| |
(2) | Any power of the Secretary of State or the National Assembly for Wales to |
| 10 |
make an order or regulations under this Act— |
| |
(a) | may be exercised so as to make different provision for different cases or |
| |
descriptions of case or different purposes or areas; and |
| |
(b) | includes power to make such incidental, supplementary, |
| |
consequential, transitory, transitional or saving provision as the |
| 15 |
Secretary of State or (as the case may be) the National Assembly for |
| |
Wales considers appropriate. |
| |
(3) | The Secretary of State must consult the National Assembly for Wales before |
| |
making any regulations under Part 5 which relate to residential properties in |
| |
| 20 |
(4) | Subject to subsections (5) and (6), any order or regulations made by the |
| |
Secretary of State under this Act are to be subject to annulment in pursuance of |
| |
a resolution of either House of Parliament. |
| |
(5) | Subsection (4) does not apply to— |
| |
(a) | an order made under section 204, or |
| 25 |
(b) | an order made under section 44(3) where a draft of the order has been |
| |
laid before, and approved by a resolution of, each House of Parliament, |
| |
| |
(c) | regulations made under section 50(5) or 86(5) where a draft of the |
| |
regulations has been laid before, and approved by a resolution of, each |
| 30 |
| |
(6) | The Secretary of State may not make— |
| |
(a) | any regulations under section 191(3) or Schedule 4, |
| |
(b) | an order under section 67(5), or |
| |
(c) | an order under section 199(2) which modifies any provision of an Act, |
| 35 |
| unless a draft of the regulations or order has been laid before, and approved by |
| |
a resolution of, each House of Parliament. |
| |
188 | Offences by bodies corporate |
| |
(1) | Where an offence under this Act committed by a body corporate is proved to |
| |
have been committed with the consent or connivance of, or to be attributable |
| 40 |
to any neglect on the part of— |
| |
(a) | a director, manager, secretary or other similar officer of the body |
| |
| |
(b) | a person purporting to act in such a capacity, |
| |
|
| |
|
| |
|
| he as well as the body corporate commits the offence and is liable to be |
| |
proceeded against and punished accordingly. |
| |
(2) | Where the affairs of a body corporate are managed by its members, subsection |
| |
(1) applies in relation to the acts and defaults of a member in connection with |
| |
his functions of management as if he were a director of the body corporate. |
| 5 |
189 | Power to up-rate level of fines for certain offences |
| |
(1) | Subsection (2) applies if the Secretary of State considers that there has been a |
| |
change in the value of money since the relevant date. |
| |
(2) | The Secretary of State may by order substitute for the sum or sums for the time |
| |
being specified in any provision mentioned in subsection (3) such other sum or |
| 10 |
sums as he considers to be justified by the change. |
| |
| |
| |
| |
| 15 |
| |
(4) | In subsection (1) “the relevant date” means— |
| |
(a) | the date of the passing of this Act; or |
| |
(b) | where the sums specified in a provision mentioned in subsection (3) |
| |
have been substituted by an order under subsection (2), the date of that |
| 20 |
| |
(5) | Nothing in an order under subsection (2) affects the punishment for an offence |
| |
committed before the order comes into force. |
| |
| |
The appropriate national authority may, for the purposes of the execution of |
| 25 |
any of the authority’s functions under this Act, cause such local inquiries to be |
| |
held as the authority considers appropriate. |
| |
Meaning of "house in multiple occupation" |
| |
191 | Meaning of “house in multiple occupation” |
| |
(1) | For the purposes of this Act a building or a part of a building is a “house in |
| 30 |
| |
(a) | it is a house, hostel, self-contained flat or other relevant building (see |
| |
| |
(b) | it is occupied by persons who do not form a single household (see |
| |
section 194) and their occupation constitutes its only or main use, |
| 35 |
(c) | it is occupied by those persons as their only or main residence or they |
| |
are to be treated as so occupying it (see section 195), |
| |
(d) | rents or other amounts are payable to an owner or lessee of it (or a |
| |
person acting on his behalf) in respect of those persons’ occupation of |
| |
| 40 |
(e) | either of the following applies— |
| |
|
| |
|