House of Commons portcullis
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.

30

      (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

 

 

Housing Bill
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)—

 

 

Housing Bill
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—

35

(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.

 

 

Housing Bill
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.”

45

12         

For section 275 (demolition orders: substitution of closing orders)

 

 

 
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