|
| |
|
| the Treasury may designate a member of the Ombudsman’s staff |
| |
to be the accounting officer for so long as paragraph (a) or (b) |
| |
| |
(3) | The accounting officer for the Office of the Ombudsman shall |
| |
| 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 |
| |
| |
(4) | In this paragraph references to responsibilities include in |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(3) | In determining how to exercise his functions under this |
| 45 |
paragraph, the Auditor General for Wales shall take into account |
| |
|
| |
|
| |
|
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 |
| |
| |
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).” |
| |
| |
| |
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— |
| |
|
| |
|
| |
|
(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) | the Metropolitan Police Authority established under section 5B of |
| 5 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(c) | no more than such other number of persons as is specified for the |
| |
purposes of this paragraph in regulations made by the appropriate |
| |
| |
(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 |
| |
| |
| |
| |
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” |
| |
| |
(a) | after “Ombudsman” insert “, of the Social Housing Ombudsman for |
| |
| |
(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 |
| |
| |
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) |
| |
| |
“(d) | a prohibition order under section 18 or 19 of the Housing Act |
| |
| |
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 |
| |
|
| |
|
| |
|
(a) | after paragraph (a) insert— |
| |
“(aza) | by the Social Housing Ombudsman for Wales, in |
| |
accordance with regulations under section 51B of the |
| |
| |
(b) | omit “the” after “appropriate Commissioner or”; and |
| 5 |
(c) | after “the Act of 1967” insert “, under the Housing Act 1996”. |
| |
| |
(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 |
| |
| |
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”. |
| |
| |
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 |
| |
| |
“(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 |
| |
| 30 |
8 | For section 268 (service of notice of demolition and closing orders) |
| |
| |
| “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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(2) | The courses of action are— |
| |
(a) | serving an improvement notice under section 9 or 10 of the |
| |
| |
(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 |
| |
| |
(d) | declaring the area in which the premises concerned are |
| |
situated to be a clearance area in accordance with section 289 |
| |
| 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 |
| |
| |
10 | In section 274 (demolition orders: power to permit reconstruction of |
| 45 |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(4) | An order under subsection (3)— |
| 15 |
(a) | may make different provision for different cases or |
| |
descriptions of case (including different provision for |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| 45 |
12 | For section 275 (demolition orders: substitution of closing orders) |
| |
|
| |
|