Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Schedule 8 — New Schedule 2A to the Housing Act 1996
181


the Treasury may designate a member of the Ombudsman’s staff
to be the accounting officer for so long as paragraph (a) or (b)
applies.
      (3)
The accounting officer for the Office of the Ombudsman shall
have, in relation to—
5
(a)
the accounts of the Ombudsman, and
(b)
the finances of the Office of the Ombudsman,

the responsibilities which are from time to time specified by the
Treasury.
      (4)
In this paragraph references to responsibilities include in
10
particular—
(a)
responsibilities in relation to the signing of accounts,
(b)
responsibilities for the propriety and regularity of the
finances of the Office of the Ombudsman, and
(c)
responsibilities for the economy, efficiency and
15
effectiveness with which the resources of the Office of the
Ombudsman are used.
      (5)
The responsibilities which may be specified under this paragraph
include responsibilities owed to—
(a)
the National Assembly for Wales, the executive committee
20
or the Audit Committee, or
(b)
the House of Commons or its Committee of Public
Accounts.
      (6)
If requested to do so by the House of Commons Committee of
Public Accounts, the Audit Committee may—
25
(a)
on behalf of the Committee of Public Accounts take
evidence from the accounting officer for the Office of the
Ombudsman, and
(b)
report to the Committee of Public Accounts and transmit
to that Committee any evidence so taken.
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      (7)
In this paragraph and paragraphs 16 and 17, “the Office of the
Ombudsman” means the Ombudsman and the members of his
staff.
      (8)
Section 13 of the National Audit Act 1983 (interpretation of
references to the Committee of Public Accounts) applies for the
35
purposes of this paragraph as for those of that Act.
Examinations into use of resources
16    (1)
The Auditor General for Wales may carry out examinations into
the economy, efficiency and effectiveness with which the
Ombudsman has used the resources of the Office of the
40
Ombudsman in discharging his functions.
      (2)
Sub-paragraph (1) shall not be construed as entitling the Auditor
General for Wales to question the merits of the policy objectives of
the Ombudsman.
      (3)
In determining how to exercise his functions under this
45
paragraph, the Auditor General for Wales shall take into account

Housing Bill
Schedule 9 — Buildings which are not HMOs (except in Part 1)
182

the views of the Audit Committee as to the examinations which he
should carry out under this paragraph.
      (4)
The Auditor General for Wales may lay before the National
Assembly for Wales a report of the results of any examination
carried out by him under this paragraph.
5
      (5)
Section 7 of the National Audit Act 1983 (economy, efficiency and
effectiveness examinations by Comptroller and Auditor General)
applies to the Ombudsman.
      (6)
The Auditor General for Wales and the Comptroller and Auditor
General may co-operate with, and give assistance to, each other in
10
connection with the carrying out of examinations in respect of the
Ombudsman under this paragraph or section 7 of the National
Audit Act 1983.
17    (1)
For the purpose of enabling him to carry out examinations into,
and report to Parliament on, the finances of the Office of the
15
Ombudsman, the Comptroller and Auditor General—
(a)
shall have a right of access at all reasonable times to all
such documents in the custody or under the control of the
Ombudsman, or of the Auditor General for Wales, as he
may reasonably require for that purpose, and
20
(b)
shall be entitled to required from any person holding or
accountable for any of those documents any assistance,
information or explanation which he reasonably thinks
necessary for that purpose.
      (2)
The Comptroller and Auditor General shall—
25
(a)
consult the Auditor General for Wales, and
(b)
take into account any relevant work done or being done by
the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an
examination in respect of the Ombudsman under section 7 of the
30
National Audit Act 1983 (economy etc. examinations).”
Schedule 9
Section 191

Buildings which are not HMOs (except in Part 1)
Introduction: buildings (or parts) which are not HMOs (except in Part 1)
1     (1)
The following paragraphs list buildings which are not houses in multiple
35
occupation for any purposes of this Act other than those of Part 1.
      (2)
In this Schedule “building” includes a part of a building.
Buildings owned by local housing authorities
2
Any building in which a local housing authority has an estate or interest.
Buildings controlled or managed by public sector bodies etc.
40
3     (1)
A building where the person managing or having control of it is—

Housing Bill
Schedule 9 — Buildings which are not HMOs (except in Part 1)
183

(a)
a body which is registered as a social landlord under Part 1 of the
Housing Act 1996 (c. 52),
(b)
a police authority established under section 3 of the Police Act 1996
(c. 16),
(c)
the Metropolitan Police Authority established under section 5B of
5
that Act,
(d)
a fire authority, or
(e)
a health service body within the meaning of section 4 of the National
Health Service and Community Care Act 1990 (c. 19).
      (2)
In sub-paragraph (1)(d) “fire authority” means—
10
(a)
a fire authority constituted by a combination scheme under the Fire
Services Act 1947 (c. 41),
(b)
a metropolitan county fire and defence authority,
(c)
the London Fire and Emergency Planning Authority, or
(d)
a county council acting as the fire authority for its area under section
15
4 of the Fire Services Act 1947.
Buildings regulated otherwise than under this Act
4
Any building whose occupation is regulated otherwise than by or under this
Act and which is of a description specified for the purposes of this
paragraph in regulations made by the appropriate national authority.
20
Buildings occupied by students
5     (1)
Any building—
(a)
which is occupied only by persons who occupy it for the purpose of
undertaking a full-time course of further or higher education at a
specified educational establishment or at an educational
25
establishment of a specified description, and
(b)
where the person managing or having control of it is the educational
establishment in question or a specified person or a person of a
specified description.
      (2)
In sub-paragraph (1) “specified” means specified for the purposes of this
30
paragraph in regulations made by the appropriate national authority.
Buildings occupied by religious communities
6     (1)
Any building which is occupied principally for the purposes of a religious
community whose principal occupation is prayer, contemplation, education
or the relief of suffering.
35
      (2)
This paragraph does not apply in the case of a converted block of flats to
which section 193 applies.
Buildings occupied under long leases
7     (1)
Any building which is occupied by—
(a)
one or more persons who have a leasehold estate in it granted for a
40
term of more than 21 years;
(b)
any member of the household of such a person or persons; and

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Schedule 10 — Minor and consequential amendments
184

(c)
no more than such other number of persons as is specified for the
purposes of this paragraph in regulations made by the appropriate
national authority.
      (2)
This paragraph does not apply in the case of a converted block of flats to
which section 193 applies.
5
Buildings occupied by two persons
8
Any building which is occupied only by two persons who form two
households.
Schedule 10
Section 199(1)

Minor and consequential amendments
10
Parliamentary Commissioner Act 1967 (c. 13)
1     (1)
Section 11A of the Parliamentary Commissioner Act 1967 (consultation
between Parliamentary Commissioner and Welsh Administration
Ombudsman or Health Service Commissioners) is amended as follows.
      (2)
In the sidenote for “Welsh Administration Ombudsman or Health Service
15
Commissioners” substitute “other Commissioners or Ombudsmen”
      (3)
In subsection (1)—
(a)
after “Ombudsman” insert “, of the Social Housing Ombudsman for
Wales”; and
(b)
in paragraph (b) for “or” substitute “, under regulations under
20
section 51B of the Housing Act 1996 or under”.
      (4)
In subsection (2) after “Ombudsman” insert “, the Social Housing
Ombudsman for Wales”.
Land Compensation Act 1973 (c. 26)
2
In section 29(7) of the Land Compensation Act 1973 (right to home loss
25
payment where person displaced from dwelling) after paragraph (c)
insert—
“(d)
a prohibition order under section 18 or 19 of the Housing Act
2004.”
Local Government Act 1974 (c. 7)
30
3     (1)
Section 33 of the Local Government Act 1974 (consultation between the
Local Commissioner, other commissioners and the Welsh Administration
Ombudsman) is amended as follows.
      (2)
In the sidenote for “the Parliamentary Commissioner and the Health Service
Commissioners” substitute “and other Commissioners and Ombudsmen”.
35
      (3)
In subsection (1)—

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Schedule 10 — Minor and consequential amendments
185

(a)
after paragraph (a) insert—
“(aza)
by the Social Housing Ombudsman for Wales, in
accordance with regulations under section 51B of the
Housing Act 1996,”;
(b)
omit “the” after “appropriate Commissioner or”; and
5
(c)
after “the Act of 1967” insert “, under the Housing Act 1996”.
      (4)
In subsection (2)—
(a)
after “Parliamentary Commissioner” insert “, the Social Housing
Ombudsman for Wales”; and
(b)
omit “the” after “that Commissioner or”.
10
      (5)
In subsection (5) after “1967” insert “, in paragraph 13(1) of Schedule 2A to
the Housing Act 1996”.
Greater London Council (General Powers) Act 1981 (c. xvii)
4
In section 9(1) of the Greater London Council (General Powers) Act 1981—
(a)
for from “a registration scheme” to “section 354 of that Act,”
15
substitute “a licence under Part 2 of the Housing Act 2004”; and
(b)
for “358” substitute “113”.
Housing Act 1985 (c. 68)
5
The Housing Act 1985 has effect subject to the following amendments.
6
In section 8(2) (periodical review of housing needs) for “section 605”
20
substitute “section 3 of the Housing Act 2004”.
7
For section 252(c) (definition of “house in multiple occupation” for purposes
of Part 8) substitute—
“(c)
“house in multiple occupation” means a house in multiple
occupation as defined by sections 191 to 195 of the Housing
25
Act 2004, as they have effect for the purposes of Part 1 of that
Act (that is, without the exclusions contained in Schedule 9 to
that Act), but does not include any part of such a house which
is occupied as a separate dwelling by persons who form a
single household.”
30
8
For section 268 (service of notice of demolition and closing orders)
substitute—
“268  Service of notice of demolition order
(1)
The local housing authority shall serve a demolition order made by
them by serving a copy of the order on—
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(a)
every owner or occupier of the premises to which the order
relates;
(b)
every person who, to their knowledge, is entitled or
authorised to permit persons to occupy the premises; and
(c)
every person who, to their knowledge, is a mortgagee of the
40
premises.

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Schedule 10 — Minor and consequential amendments
186

(2)
For the purposes of subsection (1)(a) a copy of a demolition order
shall be taken to have been served on every occupier of the premises
if it is fixed to a conspicuous part of the premises.
(3)
Any reference in subsections (1) and (2) to “the premises”, in the case
of an order which relates to a building containing one or more flats,
5
includes a reference to the flat or flats concerned.
(4)
An order against which no appeal is brought becomes operative at
the end of the period of 21 days from the date of service of the order
and is final and conclusive as to matters which could have been
raised on an appeal.”
10
9
After section 269 (right of appeal against demolition order) insert—
“269A Appeals suggesting certain other courses of action
(1)
One ground of appeal under section 269 in relation to a demolition
order made under section 265 is that a course of action mentioned in
subsection (2) is the best course of action in relation to the hazard
15
concerned.
(2)
The courses of action are—
(a)
serving an improvement notice under section 9 or 10 of the
Housing Act 2004;
(b)
making a prohibition order under section 18 or 19 of that Act;
20
(c)
serving a hazard awareness notice under section 26 or 27 of
that Act; or
(d)
declaring the area in which the premises concerned are
situated to be a clearance area in accordance with section 289
of this Act.
25
(3)
Subsection (4) applies where—
(a)
the court is hearing an appeal under section 269 in relation to
a demolition order made under section 265; and
(b)
the grounds on which the appeal is brought are or include the
ground that a course of action mentioned in subsection (2) is
30
the best course of action in relation to each hazard concerned.
(4)
The court shall have regard to any guidance given to the local
housing authority under section 8 of the Housing Act 2004.
(5)
Subsection (6) applies where—
(a)
an appeal under section 269 is allowed against a demolition
35
order made under section 265; and
(b)
the reason or one of the reasons for allowing the appeal is that
a course of action mentioned in subsection (2) is the best
course of action in relation to the hazard concerned.
(6)
The judge shall, if requested to do so by the appellant or the local
40
housing authority, include in his judgment a finding to that effect
and identifying the course of action concerned.
(7)
Subsection (1) of this section is without prejudice to the generality of
section 269.”
10
In section 274 (demolition orders: power to permit reconstruction of
45

Housing Bill
Schedule 10 — Minor and consequential amendments
187

condemned house) for subsections (2) to (5) substitute—
“(2)
If the authority are satisfied that the result of the works will be—
(a)
in the case of a demolition order made under section 265(1) or
(2), that the hazard concerned ceases to be a category 1
hazard, or
5
(b)
in the case of a demolition order made under section 265(3) or
(4), that a prescribed state of affairs exists,

they may, in order that the person submitting the proposals may
have an opportunity of carrying out the works, extend for such
period as they may specify the time within which the owner of the
10
premises is required under section 271 to demolish them.
(3)
In subsection (2) “prescribed state of affairs” means such state of
affairs as may be specified or described in an order made by the
Secretary of State.
(4)
An order under subsection (3)—
15
(a)
may make different provision for different cases or
descriptions of case (including different provision for
different areas);
(b)
may contain such incidental, supplementary, consequential,
transitory, transitional or saving provision as the Secretary of
20
State considers appropriate; and
(c)
shall be made by statutory instrument which shall be subject
to annulment in pursuance of a resolution of either House of
Parliament.
(5)
That time may be further extended by the authority, once or more
25
often as the case may require, if—
(a)
the works have begun and appear to the authority to be
making satisfactory progress, or
(b)
though they have not begun, the authority think there has
been no unreasonable delay.
30
(6)
Where the authority determine to extend, or further extend, the time
within which the owner of any premises is required under section
271 to demolish them, notice of the determination shall be served by
the authority on every person having an interest in the premises or
part of the premises, whether as freeholder, mortgagee or otherwise.
35
(7)
If the works are completed to the satisfaction of the authority they
shall revoke the demolition order (but without prejudice to any
subsequent proceedings under this Part or Part 1 of the Housing Act
2004).”
11
After section 274 insert—
40
“274A Effect of certain enforcement action under the Housing Act 2004
A demolition order which has been made in respect of any premises
shall cease to have effect if an interim or final management order
under Part 4 of the Housing Act 2004 comes into force in relation to
the premises.”
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12
For section 275 (demolition orders: substitution of closing orders)