Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders
174

      (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
is a good reason why that person is unable to make the appeal in
time;
5
(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 28
30    (1)
This paragraph applies to an appeal under paragraph 28 against a decision
10
to vary or revoke, or (as the case may be) to refuse to vary or revoke, an
interim or final management order.
      (2)
Paragraph 26(2) applies to such an appeal as it applies to an appeal under
paragraph 24.
      (3)
The court may confirm, reverse or vary the decision of the local housing
15
authority.
      (4)
If the appeal is against a decision of the authority to refuse to revoke the
order, the court may make an order revoking the order as from a date
specified in its order.
“The operative time” for the purposes of section 95(2), 96(2), 103(2) or 104(2)
20
31    (1)
This paragraph defines “the operative time” for the purposes of—
(a)
section 95(2) or 96(2) (variation or revocation of interim management
order, or
(b)
section 103(2) or 104(2) (variation or revocation of final management
order.
25
      (2)
If no appeal is made under paragraph 28 before the end of the period of 28
days mentioned in paragraph 29(2), “the operative time” is the end of that
period.
      (3)
If an appeal is made under paragraph 28 within that period, and a decision
is given on the appeal which confirms the variation or revocation, “the
30
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;
(b)
if an appeal to the Court of Appeal is brought, “the operative time”
35
is the time when a decision is given on the appeal which confirms the
variation or revocation.
      (4)
For the purposes of sub-paragraph (3)—
(a)
the withdrawal of an appeal has the same effect as a decision which
confirms the variation or revocation appealed against; and
40
(b)
references to a decision which confirms a variation are to a decision
which confirms it with or without variation.
Meaning of “relevant person”
32
In this Part of this Schedule “relevant person” means—

Housing Bill
Schedule 7 — Penalty charge notices under section 137
175

(a)
any person who has an estate or interest in the house or part of it (but
is not a tenant under a lease with an unexpired term of 3 years or
less), or
(b)
any other person who (but for the order) would be a person
managing or having control of the house or part of it.
5
Schedule 7
Section 137.

Penalty charge notices under section 137
1
A penalty charge notice given to a person under section 137 by an officer of
an enforcement authority must—
(a)
state the officer’s belief that that person has committed a breach of
10
duty;
(b)
give such particulars of the circumstances as may be necessary to
give reasonable notice of the breach of duty;
(c)
require that person, within a period specified in the notice—
(i)
to pay a penalty charge specified in the notice; or
15
(ii)
to give notice to the enforcement authority that he wishes the
authority to review the notice;
(d)
state the effect of paragraph 4;
(e)
specify the person to whom and the address at which the penalty
charge may be paid and the method or methods by which payment
20
may be made; and
(f)
specify the person to whom and the address at which a notice
requesting a review may be sent (and to which any representations
relating to the review may be addressed).
2
The penalty charge specified in the notice shall be of such amount as may be
25
prescribed for the time being by regulations made by the Secretary of State.
3     (1)
The period specified under paragraph 1(c) must not be less than 28 days
beginning with the day after that on which the penalty charge notice was
given.
      (2)
The enforcement authority may extend the period for complying with the
30
requirement mentioned in paragraph (1)(c) in any particular case if they
consider it appropriate to do so.
4
If the recipient of the penalty charge notice fails to comply with the
requirement mentioned in paragraph 1(c) within the specified period (or
any extended period), the enforcement authority may recover the amount of
35
the penalty charge from the recipient as a debt.
5
In proceedings for the recovery of the penalty charge, a certificate which—
(a)
purports to be signed by or on behalf of the person having
responsibility for the financial affairs of the enforcement authority;
and
40
(b)
states that payment of the penalty charge was or was not received by
a date specified in the certificate;

is evidence of the facts stated.

Housing Bill
Schedule 7 — Penalty charge notices under section 137
176

6
The enforcement authority may, if they consider that the penalty charge
notice ought not to have been given—
(a)
give the recipient a notice withdrawing the penalty charge notice;
and
(b)
repay any amount previously paid as a penalty charge in pursuance
5
of the withdrawn notice.
7     (1)
If the recipient of the penalty charge notice gives notice to the enforcement
authority requesting a review, the authority shall—
(a)
consider any representations made by the recipient and all other
circumstances of the case;
10
(b)
decide whether to confirm or withdraw the notice; and
(c)
give notice of their decision to the recipient.
      (2)
A notice under sub-paragraph (1)(c) confirming the penalty charge notice
must also state the effect of paragraph 8 (1) to (3).
      (3)
If the authority are not satisfied—
15
(a)
that the recipient committed the breach of duty specified in the
notice;
(b)
that the notice was given within the time allowed by section 137(2)
and complies with the other requirements imposed by or under this
Schedule; and
20
(c)
that in the circumstances of the case it was appropriate for a penalty
charge notice to be given to the recipient,

they shall withdraw the penalty charge notice.
8     (1)
If a penalty charge notice is confirmed by the enforcement authority, the
recipient may, within the period of 28 days beginning with the day after that
25
on which the notice under paragraph 7(1)(c) is given, appeal to the county
court against the penalty charge notice.
      (2)
The county court may extend the period for appealing against the notice.
      (3)
Such an appeal must be on one (or more) of the following grounds—
(a)
that the recipient did not commit the breach of duty specified in the
30
penalty charge notice;
(b)
that the notice was not given within the time allowed by section
137(2) or does not comply with any other requirement imposed by or
under this Schedule; or
(c)
that in the circumstances of the case it was inappropriate for the
35
notice to be given to the recipient.
      (4)
An appeal against a penalty charge notice shall be by way of a rehearing; and
the court shall either uphold the notice or quash it.
9     (1)
A penalty charge notice and any other notice mentioned in this Schedule
may be given by post.
40
      (2)
Any such notice may be given—
(a)
in the case of a body corporate, to the secretary or clerk of that body;
and
(b)
in the case of a partnership, to any partner or to a person having
control or management of the partnership business.
45

Housing Bill
Schedule 8 — New Schedule 2A to the Housing Act 1996
177

10
The Secretary of State may by regulations make provision supplementary or
incidental to the preceding provisions of this Part, including in particular
provision prescribing—
(a)
the form of penalty charge notices or any other notice mentioned in
this Schedule;
5
(b)
circumstances in which penalty charge notices may not be given;
(c)
the method or methods by which penalty charges may be paid.
Schedule 8
Section 169(3)

New Schedule 2A to the Housing Act 1996
“Schedule 2A
10
Section 51A(7)

Further Provision About The Social Housing Ombudsman For Wales
Status
1
The Social Housing Ombudsman for Wales (“the Ombudsman”)
shall be a corporation sole.
Remuneration, etc.
15
2
The National Assembly for Wales may pay to or in respect of the
Ombudsman such amounts, by way of remuneration, pensions,
allowances or gratuities or by way of provision for any such
benefits, as it considers appropriate.
3
If a person ceases to be the Ombudsman and it appears to the
20
National Assembly for Wales that there are special circumstances
which make it right that the person should receive compensation,
the National Assembly for Wales may pay to that person a sum of
such amount as it considers appropriate.
Staff and advisers
25
4     (1)
The Ombudsman may appoint such staff as he considers
necessary for assisting him in the exercise of his functions.
      (2)
The Ombudsman shall include among his staff such persons
having a command of the Welsh language as he considers are
needed to enable him to investigate complaints in Welsh.
30
      (3)
To assist him in the exercise of his functions, the Ombudsman may
obtain advice from any person who, in his opinion, is qualified to
give it.
      (4)
The Ombudsman may pay to any person from whom he obtains
advice under sub-paragraph (3) such fees or allowances as he may
35
determine.
Delegation of functions
5     (1)
Any function of the Ombudsman may be exercised by—

Housing Bill
Schedule 8 — New Schedule 2A to the Housing Act 1996
178

(a)
a member of his staff, or
(b)
a member of the staff of the Commission for Local
Administration in Wales,

if authorised by the Ombudsman for that purpose.
      (2)
The Ombudsman may, with the approval of the National
5
Assembly for Wales, make arrangements with persons under
which they, or members of their staff, may perform functions of
the Ombudsman.
      (3)
References in any provision made by or under an enactment to a
member of staff of the Ombudsman include any person exercising
10
any function of his by virtue of sub-paragraph (1)(b).
Reports and determinations
6     (1)
The Ombudsman—
(a)
shall annually prepare and lay before the National
Assembly for Wales a general report on the performance of
15
his functions; and
(b)
may from time to time prepare and lay before the National
Assembly for Wales such other reports with respect to his
functions as he thinks fit.
      (2)
The National Assembly for Wales shall, and the Ombudsman
20
may, publish reports laid before the National Assembly for Wales
under sub-paragraph (1).
7
The Ombudsman may, subject to any provision made by
regulations under section 51B, publish his determination on any
complaint.
25
8     (1)
The Ombudsman may include in any report or determination
published under paragraph 6 or 7 statements, communications,
reports, papers or other documentary evidence obtained in the
exercise of his functions.
      (2)
In publishing any report or determination, the Ombudsman shall
30
have regard to the need for excluding so far as practicable—
(a)
any matter which relates to the private affairs of an
individual, where publication would seriously and
prejudicially affect the interests of that individual; and
(b)
any matter which relates specifically to a social landlord in
35
Wales, where publication would seriously and
prejudicially affect its interests;

unless inclusion of the matter concerned is necessary for the
purposes of the report or determination.
Expenses
40
9     (1)
The expenses of the Ombudsman shall, so far as they cannot be
met out of income received by him, be met by the National
Assembly for Wales.
      (2)
Those expenses include any sums payable by the Ombudsman in
consequence of a breach, in the course of the performance of any
45
of his functions, of any contractual or other duty (whether that

Housing Bill
Schedule 8 — New Schedule 2A to the Housing Act 1996
179

breach occurs by reason of his act or omission or that of a member
of his staff or any other person assisting him in the exercise of his
functions).
Absolute privilege for communications etc.
10
For the purposes of the law of defamation absolute privilege
5
attaches to—
(a)
any communication between the Ombudsman and any
person by or against whom a complaint is made to him;
(b)
any determination by the Ombudsman; and
(c)
the publication by him of any report or such a
10
determination under paragraph 6, 7 or 8.
Disclosure of information
11    (1)
Information obtained by the Ombudsman in the course of or for
the purposes of an investigation of a complaint must not be
disclosed except—
15
(a)
for the purposes of the investigation, of any determination
made in respect of the complaint or of the publication of a
determination under paragraph 7;
(b)
as provided in paragraph 12 or 17 or any regulations under
section 51B;
20
(c)
for the purposes of any proceedings for an offence of
perjury alleged to have been committed in the course of an
investigation of a complaint by the Ombudsman; or
(d)
for the purposes of an inquiry with a view to the taking of
any proceedings as mentioned in paragraph (c).
25
      (2)
The Ombudsman shall not be called upon to give evidence in any
proceedings (other than proceedings within sub-paragraph (1)(c))
of matters coming to his knowledge in the course of an
investigation of a complaint.
      (3)
Information obtained from the Information Commissioner by
30
virtue of section 76 of the Freedom of Information Act 2000 shall
be treated for the purposes of sub-paragraph (1) as obtained for
the purposes of an investigation and, in relation to such
information, the reference in paragraph (a) of that sub-paragraph
to the investigation shall have effect as a reference to any
35
investigation.
12
The Ombudsman may disclose to the Information Commissioner
any information obtained by, or furnished to, the Ombudsman by
virtue of or for the purposes of section 51A or 51B if the
information appears to him to relate to—
40
(a)
a matter in respect of which the Information
Commissioner could exercise any power conferred by—
(i)
Part V of the Data Protection Act 1998
(enforcement),
(ii)
section 48 of the Freedom of Information Act 2000
45
(practice recommendations), or
(iii)
Part IV of that Act (enforcement), or

Housing Bill
Schedule 8 — New Schedule 2A to the Housing Act 1996
180

(b)
the commission of an offence under—
(i)
any provision of the Data Protection Act 1998 other
than paragraph 12 of Schedule 9 (obstruction of
execution of warrant), or
(ii)
section 77 of the Freedom of Information Act 2000
5
(offence of altering etc. records with intent to
prevent disclosure).
Accounts and audit
13    (1)
The Ombudsman shall keep proper accounting records.
      (2)
The Ombudsman shall, for each financial year, prepare accounts
10
in accordance with directions given to him by the Treasury.
      (3)
The directions which the Treasury may give under sub-paragraph
(2) include, in particular, directions as to—
(a)
the information to be contained in the accounts and the
manner in which it is to be presented,
15
(b)
the methods and principles in accordance with which the
accounts are to be prepared, and
(c)
the additional information (if any) that is to accompany the
accounts.
      (4)
In this paragraph and in paragraph 14, “financial year” means the
20
twelve months ending with 31st March.
14    (1)
The accounts prepared by the Ombudsman for any financial year
shall be submitted by him to the Auditor General for Wales no
later than the 30th November of the following year.
      (2)
The Auditor General for Wales shall—
25
(a)
examine and certify any accounts submitted to him under
this paragraph, and
(b)
no later than four months after the accounts are submitted
to him, lay before the National Assembly for Wales a copy
of them as certified by him together with his report on
30
them.
      (3)
In examining any accounts submitted to him under this
paragraph, the Auditor General for Wales shall, in particular,
satisfy himself that the expenditure to which the accounts relate
has been incurred lawfully and in accordance with the authority
35
which governs it.
Accounting officer
15    (1)
The accounting officer for the Office of the Ombudsman shall be
the Ombudsman.
      (2)
But where—
40
(a)
the Ombudsman is incapable of discharging his
responsibilities as accounting officer, or
(b)
the office of the Ombudsman is vacant (and there is no
acting Ombudsman),