Housing Bill

House of Commons

Session 2003 - 04
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Housing Bill

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices
146

      (2)
Any appeal under paragraph 13 must be made within the period of 28 days
beginning with the date specified in the notice under paragraph 6 or 8 as the
date on which the decision concerned was made.
      (3)
The court may allow a person to make an appeal after the end of the period
mentioned in sub-paragraph (1) or (2) if it is satisfied—
5
(a)
where permission is sought before the end of that period, that there
is a good reason why that person is unable to make the appeal in
time;
(b)
where permission is sought after that time, that there was a good
reason for that person’s failure to make the appeal in time and for
10
any delay in applying for permission.
Powers of court on appeal under paragraph 10
15    (1)
This paragraph applies to an appeal to a county court under paragraph 10.
      (2)
The appeal—
(a)
is to be by way of a re-hearing, but
15
(b)
may be determined having regard to matters of which the authority
were unaware.

Paragraph (a) applies despite any provision of Civil Procedure Rules.
      (3)
The court may by order confirm, quash or vary the improvement notice.
      (4)
Paragraphs 16 and 17 make special provision in connection with the
20
grounds of appeal set out in paragraphs 11 and 12.
16    (1)
This paragraph applies where the grounds of appeal consist of or include
that set out in paragraph 11.
      (2)
On the hearing of the appeal the court may—
(a)
vary the improvement notice so as to require the action to be taken
25
by any owner mentioned in the notice of appeal in accordance with
paragraph 11; or
(b)
make such order as it considers appropriate with respect to the
payment to be made by any such owner to the appellant or, where
the action is taken by the local housing authority, to the authority.
30
      (3)
In the exercise of its powers under sub-paragraph (2), the court must take
into account, as between the appellant and any such owner—
(a)
their relative interests in the premises concerned (considering both
the nature of the interests and the rights and obligations arising
under or by virtue of them);
35
(b)
their relative responsibility for the state of the premises which gives
rise to the need for the taking of the action concerned; and
(c)
the relative degree of benefit to be derived from the taking of the
action concerned.
      (4)
Sub-paragraph (5) applies where, by virtue of the exercise of the court’s
40
powers under sub-paragraph (2), a person other than the appellant is
required to take the action specified in an improvement notice.
      (5)
So long as that other person remains an owner of the premises to which the
notice relates, he is to be regarded for the purposes of this Part as the person
on whom the notice was served (in place of any other person).
45

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices
147

17    (1)
This paragraph applies where the grounds of appeal consist of or include
that set out in paragraph 12.
      (2)
When deciding whether one of the courses of action mentioned in paragraph
12(2) is the best course of action in relation to a particular hazard, the court
must have regard to any guidance given to the local housing authority under
5
section 8.
      (3)
Sub-paragraph (4) applies where—
(a)
an appeal under paragraph 10 is allowed against an improvement
notice in respect of a particular hazard; and
(b)
the reason, or one of the reasons, for allowing the appeal is that one
10
of the courses of action mentioned in paragraph 12(2) is the best
course of action in relation to that hazard.
      (4)
The judge must, if requested to do so by the appellant or the local housing
authority, include in his judgment a finding to that effect and identifying the
course of action concerned.
15
Powers of court on appeal under paragraph 13
18    (1)
This paragraph applies to an appeal to a county court under paragraph 13.
      (2)
Paragraph 15(2) applies to such an appeal as it applies to an appeal under
paragraph 10.
      (3)
The court may by order confirm, reverse or vary the decision of the local
20
housing authority.
      (4)
If the appeal is against a decision of the authority to refuse to revoke an
improvement notice, the court may make an order revoking the notice as
from a date specified in the order.
“The operative time” for the purposes of section 14(5)
25
19    (1)
This paragraph defines “the operative time” for the purposes of section 14(5)
(operation of improvement notices).
      (2)
If an appeal is made under paragraph 10 against an improvement notice
which is not suspended, and a decision on the appeal is given which
confirms the notice, “the operative time” is as follows—
30
(a)
if the period within which an appeal to the Court of Appeal may be
brought expires without such an appeal having been brought, “the
operative time” is the end of that period;
(b)
if an appeal to the Court of Appeal is brought, “the operative time”
is the time when a decision is given on the appeal which confirms the
35
notice.
      (3)
If an appeal is made under paragraph 10 against an improvement notice
which is suspended, and a decision is given on the appeal which confirms
the notice, “the operative time” is as follows—
(a)
the time that would be the operative time under sub-paragraph (2) if
40
the notice were not suspended, or
(b)
if later, the time when the suspension ends.
      (4)
For the purposes of sub-paragraph (2) or (3)—
(a)
the withdrawal of an appeal has the same effect as a decision which
confirms the notice, and
45

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 1 — Service of copies of prohibition orders
148

(b)
references to a decision which confirms the notice are to a decision
which confirms it with or without variation.
“The operative time” for the purposes of section 13(7)
20    (1)
This paragraph defines “the operative time” for the purposes of section 13(7)
(postponement of time when a variation of an improvement notice comes
5
into force).
      (2)
If no appeal is made under paragraph 13 before the end of the period of 28
days mentioned in paragraph 14(2), “the operative time” is the end of that
period.
      (3)
If an appeal is made under paragraph 13 before the end of that period and a
10
decision is given on the appeal which confirms the variation, “the operative
time” is as follows—
(a)
if the period within which an appeal to the Court of Appeal may be
brought expires without such an appeal having been brought, “the
operative time” is the end of that period;
15
(b)
if an appeal to the Court of Appeal is brought, “the operative time”
is the time when a decision is given on the appeal which confirms the
variation.
      (4)
For the purposes of sub-paragraph (3)—
(a)
the withdrawal of an appeal has the same effect as a decision which
20
confirms the variation, and
(b)
references to a decision which confirms the variation are to a decision
which confirms it with or without variation.
Schedule 2
Section 25

Procedure and appeals relating to prohibition orders
25
Part 1
Service of copies of prohibition orders
Service on owners and occupiers of dwelling or HMO which is not a flat
1     (1)
This paragraph applies to a prohibition order where the specified premises
are a dwelling or HMO which is not a flat.
30
      (2)
The authority must serve copies of the order on every person who, to their
knowledge, is—
(a)
an owner or occupier of the whole or part of the specified premises;
(b)
entitled or authorised to permit persons to occupy the whole or part
of those premises; or
35
(c)
a mortgagee of the whole or part of those premises.
      (3)
The copies required to be served under sub-paragraph (2) must be served
within the period of seven days beginning with the day on which the order
is made.
      (4)
A copy of the order is to be regarded as having been served on every
40
occupier in accordance with sub-paragraphs (2)(a) and (3) if a copy of the

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 2 — Service of notices relating to revocation or variation of prohibition order
149

order is fixed to some conspicuous part of the specified premises within the
period of seven days mentioned in sub-paragraph (3).
Service on owners and occupiers of building containing flats etc.
2     (1)
This paragraph applies to a prohibition order where the specified premises
consist of or include the whole or any part of a building containing one or
5
more flats or any common parts of such a building.
      (2)
The authority must serve copies of the order on every person who, to their
knowledge, is—
(a)
an owner or occupier of the whole or part of the building;
(b)
entitled or authorised to permit persons to occupy the whole or part
10
of the building; or
(c)
a mortgagee of the whole or part of the building.
      (3)
Where the specified premises consist of or include any external common
parts of such a building, the authority must, in addition to complying with
sub-paragraph (1), serve copies of the order on every person who, to their
15
knowledge, is an owner or mortgage of the premises in which the common
parts are comprised.
      (4)
The copies required to be served under sub-paragraph (2) or (3) must be
served within the period of seven days beginning with the day on which the
order is made.
20
      (5)
A copy of the order is to be regarded as having been served on every
occupier in accordance with sub-paragraphs (2)(a) and (4) if a copy of the
order is fixed to some conspicuous part of the building within the period of
seven days mentioned in sub-paragraph (4).
Part 2
25
Service of notices relating to revocation or variation of prohibition order
Notice of revocation or variation
3     (1)
This paragraph applies where the local housing authority decide to revoke
or vary a prohibition order.
      (2)
The authority must serve a notice under this paragraph on each of the
30
persons on whom they would be required under Part 1 of this Schedule to
serve copies of a prohibition order in respect of the specified premises.
      (3)
The notices required to be served under sub-paragraph (2) must be served
within the period of seven days beginning with the day on which the
decision is made.
35
      (4)
Paragraph 1(4) applies in relation to the service of notices on occupiers in
accordance with sub-paragraphs (2) and (3) as it applies in relation to the
service on them of copies of a prohibition order in accordance with
paragraph 1(2)(a) and (3).
4
A notice under paragraph 3 must set out—
40
(a)
the authority’s decision to revoke or vary the order;
(b)
the reasons for the decision and the date on which it was made;
(c)
if the decision is to vary the order—

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 3 — Appeals relating to prohibition orders
150

(i)
the right of appeal against the decision under Part 3 of this
Schedule; and
(ii)
the period within which an appeal may be made (see
paragraph 10(2)).
Notice of refusal to revoke or vary order
5
5     (1)
This paragraph applies where the local housing authority refuse to revoke
or vary a prohibition order.
      (2)
The authority must serve a notice under this paragraph on each of the
persons on whom they would be required under Part 1 of this Schedule to
serve copies of a prohibition order in respect of the specified premises.
10
      (3)
The notices required to be served under sub-paragraph (2) must be served
within the period of seven days beginning with the day on which the
decision is made.
      (4)
Paragraph 1(4) applies in relation to the service of notices on occupiers in
accordance with sub-paragraphs (2) and (3) as it applies in relation to the
15
service on them of copies of a prohibition order in accordance with
paragraph 1(2)(a) and (3).
6
A notice under paragraph 5 must set out—
(a)
the authority’s decision not to revoke or vary the notice;
(b)
the reasons for the decision and the date on which it was made;
20
(c)
the right of appeal against the decision under Part 3 of this Schedule;
and
(d)
the period within which an appeal may be made (see paragraph
10(2)).
Part 3
25
Appeals relating to prohibition orders
Appeal against prohibition order
7     (1)
A relevant person may appeal to a county court against a prohibition order.
      (2)
Paragraph 8 sets out a specific ground on which an appeal may be made
under this paragraph, but it does not affect the generality of sub-paragraph
30
(1).
8     (1)
An appeal may be made by a person under paragraph 7 on the ground that
one of the courses of action mentioned in sub-paragraph (2) is the best
course of action in relation to the hazard in respect of which the order was
made.
35
      (2)
The courses of action are—
(a)
serving an improvement notice under section 9 or 10 of this Act;
(b)
serving a hazard awareness notice under section 26 or 27 of this Act;
(c)
making a demolition order under section 265 of the Housing Act
1985 (c. 68).
40
Appeal against decision relating to revocation or variation of prohibition order
9
A relevant person may appeal to a county court against—

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 3 — Appeals relating to prohibition orders
151

(a)
a decision by the local housing authority to vary a prohibition order,
or
(b)
a decision by the authority to refuse to revoke or vary a prohibition
order.
Time limit for appeal
5
10    (1)
Any appeal under paragraph 7 must be made within the period of 28 days
beginning with the date specified in the prohibition order as the date on
which the order was made.
      (2)
Any appeal under paragraph 9 must be made within the period of 28 days
beginning with the date specified in the notice under paragraph 3 or 5 as the
10
date on which the decision concerned was made.
      (3)
The court may allow a person to make an appeal after the end of the period
mentioned in sub-paragraph (1) or (2) if it is satisfied—
(a)
where permission is sought before the end of that period, that there
is a good reason why that person is unable to make the appeal in
15
time;
(b)
where permission is sought after that time, that there was a good
reason for that person’s failure to make the appeal in time and for
any delay in applying for permission.
Powers of court on appeal under paragraph 7
20
11    (1)
This paragraph applies to an appeal to a county court under paragraph 7.
      (2)
The appeal—
(a)
is to be by way of a re-hearing, but
(b)
may be determined having regard to matters of which the authority
were unaware.
25

Paragraph (a) applies despite any provision of Civil Procedure Rules.
      (3)
The court may by order confirm, quash or vary the prohibition order.
      (4)
Paragraph 12 makes special provision in connection with the ground of
appeal set out in paragraph 8.
12    (1)
This paragraph applies where the grounds of appeal consist of or include
30
that set out in paragraph 8.
      (2)
When deciding whether one of the courses of action mentioned in paragraph
8(2) is the best course of action in relation to a particular hazard, the court
must have regard to any guidance given to the local housing authority under
section 8.
35
      (3)
Sub-paragraph (4) applies where—
(a)
an appeal under paragraph 7 is allowed against a prohibition order
made in respect of a particular hazard; and
(b)
the reason, or one of the reasons, for allowing the appeal is that one
of the courses of action mentioned in paragraph 8(2) is the best
40
course of action in relation to that hazard.
      (4)
The judge must, if requested to do so by the appellant or the local housing
authority, include in his judgment a finding to that effect and identifying the
course of action concerned.

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 3 — Appeals relating to prohibition orders
152

Powers of court on appeal under paragraph 9
13    (1)
This paragraph applies to an appeal to a county court under paragraph 9.
      (2)
Paragraph 11(2) applies to such an appeal as it applies to an appeal under
paragraph 7.
      (3)
The court may by order confirm, reverse or vary the decision of the local
5
housing authority.
      (4)
If the appeal is against a decision of the authority to refuse to revoke a
prohibition order, the court may make an order revoking the prohibition
order as from a date specified in its order.
“The operative time” for the purposes of section 22(5)
10
14    (1)
This paragraph defines “the operative time” for the purposes of section 22(5)
(operation of prohibition orders).
      (2)
If an appeal is made under paragraph 7 against a prohibition order which is
not suspended, and a decision on the appeal is given which confirms the
order, “the operative time” is as follows—
15
(a)
if the period within which an appeal to the Court of Appeal may be
brought expires without such an appeal having been brought, “the
operative time” is the end of that period;
(b)
if an appeal to the Court of Appeal is brought, “the operative time”
is the time when a decision is given on the appeal which confirms the
20
order.
      (3)
If an appeal is made under paragraph 7 against a prohibition order which is
suspended, and a decision is given on the appeal which confirms the order,
“the operative time” is as follows—
(a)
the time that would be the operative time under sub-paragraph (2) if
25
the order were not suspended, or
(b)
if later, the time when the suspension ends.
      (4)
For the purposes of sub-paragraph (2) or (3)—
(a)
the withdrawal of an appeal has the same effect as a decision which
confirms the notice, and
30
(b)
references to a decision which confirms the order are to a decision
which confirms it with or without variation.
“The operative time” for the purposes of section 23(7)
15    (1)
This paragraph defines “the operative time” for the purposes of section 23(7)
(revocation or variation of prohibition orders).
35
      (2)
If no appeal is made under paragraph 9 before the end of the period of 28
days mentioned in paragraph 10(2), “the operative time” is the end of that
period.
      (3)
If an appeal is made under paragraph 10 within that period and a decision
is given on the appeal which confirms the variation, “the operative time” is
40
as follows—
(a)
if the period within which an appeal to the Court of Appeal may be
brought expires without such an appeal having been brought, “the
operative time” is the end of that period;