Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

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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
intention to do so—
(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
that purpose—
(a)
at any reasonable time, but
(b)
without giving any prior notice as mentioned in subsection (4).
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(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
authorised.
(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
a person—
(a)
employed by, or
(b)
acting on the instructions of,

the local housing authority.
35
(2)
The purposes are—
(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
force under Part 4;

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(c)
ascertaining whether an offence has been committed under section 61,
82 or 172(3).
(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
or
(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
section 177.
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.

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(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.
Documents
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.
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(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
dispensation.
183
Service of documents
(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.
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(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
records.
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(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
served by—
(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
served on—
(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).
(9)
In this section—

“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
defined.
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
may require;
(b)
may be a general indication or one that is limited to documents of a
particular description;

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(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
of the transmission; and
(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).
(6)
In this section—

“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
received.
(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
selective licensing),

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.
(3)
Those matters are—
(a)
that the designation was made by the authority,

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(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
instrument.
(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
Wales.
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,
or
(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
House of Parliament.
(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
corporate, or
(b)
a person purporting to act in such a capacity,

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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.
(3)
The provisions are—
(a)
section 30(2)(b);
(b)
section 33(6);
(c)
section 61(6); and
15
(d)
section 82(5).
(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
order.
(5)
Nothing in an order under subsection (2) affects the punishment for an offence
committed before the order comes into force.
190
Local inquiries
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
multiple occupation” if—
(a)
it is a house, hostel, self-contained flat or other relevant building (see
sections 192 and 193),
(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
it, and
40
(e)
either of the following applies—