House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill


Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 1 — Procedure relating to making of management orders

167

 

Schedule 6

Section 105

 

Management orders: procedure and appeals

Part 1

Procedure relating to making of management orders

Requirements before making final management order

5

1          

Before making a final management order, the local housing authority

must—

(a)   

serve a copy of the proposed order, together with a notice under this

paragraph, on each relevant person; and

(b)   

consider any representations made in accordance with the notice and

10

not withdrawn.

2          

The notice under paragraph 1 must state that the authority are proposing to

make a final management order and set out—

(a)   

the reasons for making the order;

(b)   

the main terms of the proposed order (including those of the

15

management scheme to be contained in it); and

(c)   

the end of the consultation period.

3     (1)  

This paragraph applies if, having considered representations made in

accordance with a notice under paragraph 1 or this paragraph, the local

housing authority propose to make a final management order with

20

modifications.

      (2)  

Before making the order, the authority must—

(a)   

serve a notice under this paragraph on each relevant person; and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

25

4          

The notice under paragraph 3 must set out—

(a)   

the proposed modifications;

(b)   

the reasons for them; and

(c)   

the end of the consultation period.

Exceptions from requirements relating to making of final management order

30

5          

The requirements of paragraph 3 (and those of paragraph 1) do not apply if

the local housing authority—

(a)   

have already served notice under paragraph 1 but not paragraph 3 in

relation to the proposed final management order; and

(b)   

consider that the modifications which are now being proposed are

35

not material in any respect.

6          

The requirements of paragraph 3 (and those of paragraph 1) do not apply if

the local housing authority—

(a)   

have already served notices under paragraphs 1 and 3 in relation to

the matter concerned; and

40

(b)   

consider that the further modifications which are now being

proposed do not differ in any material respect from the

 

 

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 1 — Procedure relating to making of management orders

168

 

modifications in relation to which a notice was last served under

paragraph 3.

Requirements following making of interim or final management order

7     (1)  

This paragraph applies where the local housing authority make an interim

management order or a final management order.

5

      (2)  

As soon as practicable after the order is made, the authority must serve on

the occupiers of the house—

(a)   

a copy of the order, and

(b)   

a notice under this sub-paragraph.

      (3)  

Those documents are to be regarded as having been served on the occupiers

10

if they are fixed to a conspicuous part of the house.

      (4)  

The notice under sub-paragraph (2) must set out—

(a)   

the reasons for making the order and the date on which it was made,

and

(b)   

the general effect of the order,

15

           

and (if it is a final management order) give a general description of the way

in which the house is to be managed by the authority in accordance with the

management scheme contained in the order.

      (5)  

The authority must also serve a copy of the order, together with a notice

under this sub-paragraph, on each relevant person.

20

      (6)  

The notice under sub-paragraph (5) must comply with sub-paragraph (4)

and also contain information about—

(a)   

the right of appeal against the order under Part 3 of this Schedule,

and

(b)   

the period within which an appeal may be made (see paragraph

25

25(2)).

      (7)  

The documents required to be served on each relevant person under sub-

paragraph (5) must be served within the period of seven days beginning

with the day on which the order is made.

Meaning of “the end of the consultation period” and “relevant person”

30

8     (1)  

In this Part of this Schedule “the end of the consultation period” means the

last day for making representations in respect of the matter in question.

      (2)  

The end of the consultation period must be—

(a)   

in the case of a notice under paragraph 1, a day which is at least 14

days after the date of service of the notice; and

35

(b)   

in the case of a notice under paragraph 3, a day which is at least 7

days after the date of service of the notice.

      (3)  

In sub-paragraph (2) “the date of service” of a notice means, in a case where

more than one notice is served, the date on which the last of the notices is

served.

40

      (4)  

In this Part of this Schedule “relevant person” means any person who, to the

knowledge of the local housing authority, is—

(a)   

a person having an estate or interest in the house or part of it (but

who is not a tenant under a lease with an unexpired term of 3 years

or less), or

45

 

 

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 2 — Procedure relating to variation or revocation of management orders

169

 

(b)   

any other person who (but for the order) would be a person

managing or having control of the house or part of it.

Part 2

Procedure relating to variation or revocation of management orders

Variation of management orders

5

9          

Before varying an interim or final management order, the local housing

authority must—

(a)   

serve a notice under this paragraph on each relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

10

10         

The notice under paragraph 9 must state that the authority are proposing to

make the variation and specify—

(a)   

the effect of the variation,

(b)   

the reasons for the variation, and

(c)   

the end of the consultation period.

15

11    (1)  

This paragraph applies where the local housing authority decide to vary an

interim or final management order.

      (2)  

The local housing authority must serve on each relevant person—

(a)   

a copy of the authority’s decision to vary the order, and

(b)   

a notice setting out—

20

(i)   

the reasons for the decision and the date on which it was

made,

(ii)   

the right of appeal against the decision under Part 3 of this

Schedule, and

(iii)   

the period within which an appeal may be made (see

25

paragraph 29(2)).

      (3)  

The documents required to be served on each relevant person under sub-

paragraph (2) must be served within the period of seven days beginning

with the day on which the decision is made.

Exceptions from requirements of paragraph 9

30

12         

The requirements of paragraph 9 do not apply if the local housing authority

consider that the variation is not material.

13         

The requirements of paragraph 9 do not apply if the local housing

authority—

(a)   

have already served a notice under that paragraph in relation to a

35

proposed variation; and

(b)   

consider that the variation which is now being proposed is not

materially different from the previous proposed variation.

Refusal to vary interim or final management order

14         

Before refusing to vary an interim or final management order, the local

40

housing authority must—

 

 

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 2 — Procedure relating to variation or revocation of management orders

170

 

(a)   

serve a notice under this paragraph on each relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

15         

The notice under paragraph 14 must state that the authority are proposing

to refuse to make the variation and set out—

5

(a)   

the reasons for refusing to make the variation, and

(b)   

the end of the consultation period.

16    (1)  

This paragraph applies where the local housing authority refuse to vary an

interim or final management order.

      (2)  

The authority must serve on each relevant person a notice setting out—

10

(a)   

the authority’s decision not to vary the order;

(b)   

the reasons for the decision and the date on which it was made;

(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

15

29(2)).

      (3)  

The notices required to be served on each relevant person under sub-

paragraph (2) must be served within the period of seven days beginning

with the day on which the decision is made.

Revocation of management orders

20

17         

Before revoking an interim or final management order, the local housing

authority must—

(a)   

serve a notice under this paragraph on each relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

25

18         

The notice under paragraph 17 must state that the authority are proposing

to revoke the order and specify—

(a)   

the reasons for the revocation, and

(b)   

the end of the consultation period.

19    (1)  

This paragraph applies where the local housing authority decide to revoke

30

an interim or final management order.

      (2)  

The authority must serve on each relevant person—

(a)   

a copy of the authority’s decision to revoke the order; and

(b)   

a notice setting out—

(i)   

the reasons for the decision and the date on which it was

35

made;

(ii)   

the right of appeal against the decision under Part 3 of this

Schedule; and

(iii)   

the period within which an appeal may be made (see

paragraph 29(2)).

40

      (3)  

The documents required to be served on each relevant person under sub-

paragraph (2) must be served within the period of seven days beginning

with the day on which the decision is made.

 

 

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders

171

 

Refusal to revoke management order

20         

Before refusing to revoke an interim or final management order, the local

housing authority must—

(a)   

serve a notice under this paragraph on each relevant person; and

(b)   

consider any representations made in accordance with the notice and

5

not withdrawn.

21         

The notice under paragraph 20 must state that the authority are proposing

to refuse to revoke the order and set out—

(a)   

the reasons for refusing to revoke the order, and

(b)   

the end of the consultation period.

10

22    (1)  

This paragraph applies where the local housing authority refuse to revoke

an interim or final management order.

      (2)  

The authority must serve on each relevant person a notice setting out—

(a)   

the authority’s decision not to revoke the order;

(b)   

the reasons for the decision and the date on which it was made;

15

(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

29(2)).

      (3)  

The notices required to be served on each relevant person under sub-

20

paragraph (2) must be served within the period of seven days beginning

with the day on which the decision is made.

Meaning of “the end of the consultation period” and “relevant person”

23    (1)  

In this Part of this Schedule “the end of the consultation period” means the

last day for making representations in respect of the matter in question.

25

      (2)  

The end of the consultation period must be a day which is at least 14 days

after the date of service of the notice.

      (3)  

In sub-paragraph (2) “the date of service” of a notice means, in a case where

more than one notice is served, the date on which the last of the notices is

served.

30

      (4)  

In this Part of this Schedule “relevant person” means any person who, to the

knowledge of the local housing authority, is—

(a)   

a person having an estate or interest in the house or part of it (but

who is not a tenant under a lease with an unexpired term of 3 years

or less), or

35

(b)   

any other person who (but for the order) would be a person

managing or having control of the house or part of it.

Part 3

Appeals against decisions relating to management orders

Right to appeal against making of order etc.

40

24    (1)  

A relevant person may appeal to a county court against—

 

 

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders

172

 

(a)   

a decision of the local housing authority to make an interim or final

management order, or

(b)   

the terms of such an order (including, if it is a final management

order, those of the management scheme contained in it).

      (2)  

This does not apply to an interim management order made under section

5

87(4) or (7) or in accordance with a direction given by the court under

paragraph 26(5).

      (3)  

If no appeal is brought against an interim or final management order under

this paragraph within the time allowed by paragraph 25 for making such an

appeal, the order is final and conclusive as to the matters which could have

10

been raised on appeal.

Time limits for appeals under paragraph 24

25    (1)  

This paragraph applies in relation to an appeal under paragraph 24 in

respect of an interim or final management order.

      (2)  

Any such appeal may be made within the period of 28 days beginning with

15

the date specified in the notice under paragraph 7(2) as the date on which the

order was made.

      (3)  

The court may allow a person to make an appeal after the end of the period

of 28 days mentioned in sub-paragraph (2) if it is satisfied—

(a)   

where permission is sought before the end of that period, that there

20

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

any delay in applying for permission.

25

Powers of court on appeal under paragraph 24

26    (1)  

This paragraph applies to an appeal under paragraph 24 in respect of an

interim or final management order.

      (2)  

The appeal—

(a)   

is to be by way of a re-hearing, but

30

(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 confirm or vary the order or revoke it —

(a)   

(in the case of an interim management order) as from a date specified

35

in the court’s order, or

(b)   

(in the case of a final management order) as from the date of the

court’s order.

      (4)  

If —

(a)   

the court revokes an interim or final management order,

40

(b)   

it appears to the court that, on the revocation of the order, the house

will be required to be licensed under Part 2 or 3 of this Act, and

(c)   

the court does not give a direction under sub-paragraph (5) or (6),

           

the court must direct the local housing authority to grant such a licence to

such person and on such terms as the court may direct.

45

 

 

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders

173

 

      (5)  

If the court revokes a final management order, the court may direct the local

housing authority to make an interim management order in respect of the

house or part of it on such terms as the court may direct.

           

This applies despite section 87(9).

      (6)  

If the court revokes a final management order, the court may direct the local

5

housing authority to serve a temporary exemption notice under section 51

or 73 in respect of the house that comes into force on such date as the court

directs.

      (7)  

The revocation of an interim management order by the court does not affect

the validity of anything previously done in pursuance of the order.

10

“The operative time” for the purposes of section 98(2)

27    (1)  

This paragraph defines “the operative time” for the purposes of section

98(2).

      (2)  

If no appeal is made under paragraph 24 before the end of the period of 28

days mentioned in paragraph 25(2), “the operative time” is the end of that

15

period.

      (3)  

If an appeal is made under paragraph 24 before the end of that period, and

a decision is given on the appeal which confirms the order, “the operative

time” is as follows—

(a)   

if the period within which an appeal to the Court of Appeal may be

20

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

order.

25

      (4)  

For the purposes of sub-paragraph (3)—

(a)   

the withdrawal of an appeal has the same effect as a decision which

confirms the order, and

(b)   

references to a decision which confirms the order are to a decision

which confirms it with or without variation.

30

Right to appeal against decision or refusal to vary or revoke interim management order

28         

A relevant person may appeal to a county court against—

(a)   

a decision of a local housing authority to vary or revoke an interim

or final management order, or

(b)   

a refusal of a local housing authority to vary or revoke an interim or

35

final management order.

Time limits for appeals under paragraph 28

29    (1)  

This paragraph applies in relation to an appeal under paragraph 28 against

a decision to vary or revoke, or (as the case may be) to refuse to vary or

revoke, an interim or final management order.

40

      (2)  

Any such appeal must be made before the end of the period of 28 days

beginning with the date specified in the notice under paragraph 11, 16, 19 or

22 as the date on which the decision concerned was made.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 8 December 2003