Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Schedule 10 — Minor and consequential amendments
188

substitute—
“275  Demolition orders: substitution of prohibition order to permit use
otherwise than for human habitation
(1)
If—
(a)
an owner of any premises in respect of which a demolition
5
order has become operative, or
(b)
any other person who has an interest in the premises,

submits proposals to the local housing authority for the use of the
premises for a purpose other than human habitation, the authority
may, if they think fit, determine the demolition order and make a
10
prohibition order under section 18 or 19 of the Housing Act 2004 in
respect of the hazard concerned.
(2)
The authority shall serve notice that the demolition order has been
determined, and a copy of the prohibition order, on every person on
whom they are required by Part 1 of Schedule 2 to the Housing Act
15
2004 to serve a copy of the prohibition order.”
13    (1)
Section 289 (declaration of clearance area) is amended as follows.
      (2)
In subsection (2F)(b) for “are unfit for human habitation” substitute “contain
category 1 or category 2 hazards”.
      (3)
In subsection (3)—
20
(a)
in sub-paragraph (i), for the words from “unfit” to “health” substitute
“dangerous or harmful to health or safety”; and
(b)
in sub-paragraph (ii), for “injurious to health” substitute “harmful to
health or safety”.
14
For section 300 (purchase of houses liable to be demolished or closed)
25
substitute—
“300  Purchase of houses liable to be demolished or to be subject to a
prohibition order
(1)
Where—
(a)
the local housing authority would be required under section
30
265(1) or (2) to make a demolition order in respect of a
dwelling, a house in multiple occupation or a building
containing one or more flats, and
(b)
it appears to them that the dwelling, house in multiple
occupation or, as the case may be, building is or can be
35
rendered capable of providing accommodation of a standard
which is adequate for the time being,

they may purchase it instead.
(2)
Where—
(a)
the local housing authority would be required under section
40
5 of the Housing Act 2004 to make a relevant prohibition
order in respect of a dwelling, a house in multiple occupation
or a building containing one or more flats, and
(b)
it appears to them that the dwelling, house in multiple
occupation or, as the case may be, building is or can be
45
rendered capable of providing accommodation of a standard
which is adequate for the time being,

Housing Bill
Schedule 10 — Minor and consequential amendments
189


they may purchase it instead.
(3)
In subsection (2) “relevant prohibition order” means a prohibition
order under section 18 of the Housing Act 2004 which prohibits the
use of the dwelling, house in multiple occupation or building for all
purposes unless a purpose is approved by the authority.
5
(4)
Where an authority have determined to purchase any premises
under subsection (1)—
(a)
they shall serve a notice of their determination on the persons
on whom they would have been required by section 268(1) to
serve a copy of a demolition order, and
10
(b)
sections 268(4) and 269(1), (2), (3) and (6) (operative date and
right of appeal) apply to such a notice as they apply to a
demolition order.
(5)
Where an authority have determined to purchase any premises
under subsection (2)—
15
(a)
they shall serve a notice of their determination on the persons
on whom they would have been required by Part 1 of
Schedule 2 to the Housing Act 2004 (service of prohibition
orders) to serve a copy of the relevant prohibition order; and
(b)
section 22 of that Act and Parts 1 and 3 of that Schedule
20
(operative date, right of appeal etc.) apply to such a notice as
they apply to a prohibition order which is not suspended or
to appeals against such an order (as the case may be).
(6)
At any time after the notice has become operative the authority may
purchase the dwelling, house in multiple occupation or building by
25
agreement or be authorised by the Secretary of State to purchase it
compulsorily.
(7)
This section does not apply where section 304(1) applies (listed
building or building protected pending listing).”
15
For section 304 (closing orders in relation to listed buildings) substitute—
30
“304  Demolition order not to be made in respect of listed building
(1)
A local housing authority shall not make a demolition order under
section 265 (power to make a demolition order) in respect of a listed
building.
(2)
Where a dwelling, house in multiple occupation or building in
35
respect of which a demolition order has been made becomes a listed
building, the local housing authority shall determine the order
(whether or not it has become operative).
(3)
The local housing authority shall serve notice that the demolition
order has been determined on every person on whom they would be
40
required by section 268 to serve a copy of a new demolition order in
relation to the premises.
(4)
The Secretary of State may give notice in respect of a dwelling, house
in multiple occupation or building to the local housing authority
stating that its architectural or historic interest is sufficient to render
45
it inexpedient that it should be demolished pending determination

Housing Bill
Schedule 10 — Minor and consequential amendments
190

of the question whether it should be a listed building; and the
provisions of this section apply to a dwelling, house in multiple
occupation or building in respect of which such a notice is in force as
they apply to a listed building.”
16
In section 308(3) (approval of owner’s proposals for re-development)—
5
(a)
after “Part” insert “or Chapter 2 of Part 1 of the Housing Act 2004”;
and
(b)
for “, closing or purchase of unfit premises” substitute “or purchase
of premises or the prohibition of uses of premises”.
17
Omit section 310 (certificate of fitness for human habitation resulting from
10
owner’s improvements or alterations).
18
In section 318(1)(a) (power of court to authorise execution of works on unfit
premises or for improvement)—
(a)
for “dwelling-houses” substitute “dwellings”; and
(b)
for “injurious to health or unfit for human habitation” substitute
15
“harmful to health or safety”.
19
For section 322 substitute—
“322 Minor definitions
(1)
In this Part the following expressions have the same meaning as in
Part 1 of the Housing Act 2004 (see section 1(5) to (7) of that Act)—
20

“building containing one or more flats”,

“category 1 hazard”,

“category 2 hazard”,

“common parts”, in relation to a building containing one or
more flats,
25

“dwelling”,

“flat”,

“hazard”.
(2)
In this Part—

“health” includes mental health;
30

“house in multiple occupation” means a house in multiple
occupation as defined by sections 191 to 195 of the Housing
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);
35

“owner”, in relation to premises—
(a)
means a person (other than a mortgagee not in
possession) who is for the time being entitled to
dispose of the fee simple in premises, whether in
possession or reversion, and
40
(b)
includes also a person holding or entitled to the rents
and profits of the premises under a lease of which the
unexpired term exceeds three years;

“premises” in relation to a demolition order, means the
dwelling, house in multiple occupation or building in respect
45
of which the order is made.

Housing Bill
Schedule 10 — Minor and consequential amendments
191

(3)
This Part applies to unoccupied HMO accommodation (as defined
by section 1(5) of the Housing Act 2004) as it applies to a house in
multiple occupation, and references to a house in multiple
occupation in this Part are to be read accordingly.”
20
In section 323 (index of defined expressions: Part 9) insert at the appropriate
5
places—

“building
section 322”

containing

one or more

flats

10

“category 1
section 322”

hazard

“category 2
section 322”

hazard

“common
section 322”

15

parts

“dwelling
section 322”

“hazard
section 322”

“health
section 322”.

21
In section 439 (requirements as to fitness of premises before advancing
20
money for certain purposes), omit subsections (1) and (2).
22
In section 582 (compulsory purchase orders: restriction on recovery of
possession of houses in multiple occupation) for subsection (8) substitute—
“(8)
In this section “house in multiple occupation” has the meaning given
by sections 191 to 195 of the Housing Act 2004 for the purposes of
25
that Act (other than Part 1).”
23
For section 584A (compensation payable in case of closing and demolition

Housing Bill
Schedule 10 — Minor and consequential amendments
192

orders) substitute—
“584A  Compensation payable in case of prohibition and demolition orders
(1)
Subject to subsection (3), where a relevant prohibition order becomes
operative in respect of any premises or a demolition order under
section 265 is made in respect of any premises, the local housing
5
authority shall pay to every owner of the premises an amount
determined in accordance with subsection (2).
(2)
The amount referred to in subsection (1) is the diminution in the
compulsory purchase value of the owner’s interest in the premises as
a result of the coming into operation of the relevant prohibition order
10
or, as the case may be, the making of the demolition order; and that
amount—
(a)
shall be determined as at the date of the coming into
operation or making of the order in question; and
(b)
shall be determined (in default of agreement) as if it were
15
compensation payable in respect of the compulsory purchase
of the interest in question and shall be dealt with accordingly.
(3)
In any case where—
(a)
a relevant prohibition order has been made in respect of any
premises, and
20
(b)
that order is revoked and a demolition order is made in its
place,

the amount payable to the owner under subsection (1) in connection
with the demolition order shall be reduced by the amount (if any)
paid to the owner or a previous owner under that subsection in
25
connection with the relevant prohibition order.
(4)
For the purposes of this section—

“compulsory purchase value”, in relation to an owner’s interest
in premises, means the compensation which would be
payable in respect of the compulsory purchase of that interest
30
if it fell to be assessed in accordance with the Land
Compensation Act 1961;

“premises”, in relation to a demolition order, has the meaning
given by section 322;

“premises”, in relation to a prohibition order, means premises
35
which are specified premises in relation to the order within
the meaning of Part 1 of the Housing Act 2004;

“relevant prohibition order” means a prohibition order under
section 18 or 19 of the Housing Act 2004 which prohibits for
all purposes the use of any premises (as opposed to any part
40
of the premises).”
24
For section 584B (repayment on revocation of demolition or closing order)
substitute—
“584B  Repayment on revocation of demolition or prohibition order
(1)
Where a payment in respect of any premises has been made by a
45
local housing authority under section 584A(1) in connection with a
demolition order or relevant prohibition order and—

Housing Bill
Schedule 10 — Minor and consequential amendments
193

(a)
the demolition order is revoked under section 274
(revocation of demolition order to permit reconstruction of
premises), or
(b)
the relevant prohibition order is revoked under section 23(1)
or (2) of the Housing Act 2004,
5

then, if at that time the person to whom the payment was made has
the same interest in the premises as he had at the time the payment
was made, he shall on demand repay to the authority the amount of
the payment.
(2)
In any case where—
10
(a)
a payment in respect of any premises has been made by a
local housing authority under section 584A(1) in connection
with a relevant prohibition order, and
(b)
by virtue of section 23(3) of the Housing Act 2004, the order
is revoked as respects part of the premises and not varied,
15
and
(c)
the person to whom the payment was made (in this section
referred to as “the recipient”) had at the time the payment
was made, an owner’s interest in the part of the premises
concerned (whether or not he had such an interest in the rest
20
of the premises),

then, if at the time of the revocation of the relevant prohibition order
the recipient has the same interest in the premises as he had at the
time the payment was made, he shall on demand pay to the authority
an amount determined in accordance with subsections (4), (5) and
25
(6).
(3)
In any case where—
(a)
a payment in respect of any premises has been made by a
local housing authority under section 584A(1) in connection
with a relevant prohibition order, and
30
(b)
by virtue of section 23(4) of the Housing Act 2004, the order
is varied,

then, if at the time of the variation of the order the recipient has the
same interest in the premises as he had at the time the payment was
made, he shall on demand pay to the authority an amount
35
determined in accordance with subsections (4), (5) and (6).
(4)
The amount referred to in subsection (2) or (3) is whichever is the less
of—
(a)
the amount by which the value of the interest of the recipient
in the premises increases as a result of the revocation or
40
variation of the relevant prohibition order; and
(b)
the amount paid to the recipient under section 584A(1) in
respect of his interest in the premises;

and the amount referred to in paragraph (a) shall be determined as
at the date of the revocation or variation of the relevant prohibition
45
order.
(5)
For the purpose of assessing the amount referred to in subsection
(4)(a), the rules set out in section 5 of the Land Compensation Act
1961 shall, so far as applicable and subject to any necessary

Housing Bill
Schedule 10 — Minor and consequential amendments
194

modifications, have effect as they have effect for the purpose of
assessing compensation for the compulsory acquisition of an interest
in land.
(6)
Any dispute as to the amount referred to in subsection (4)(a) shall be
referred to and determined by the Lands Tribunal; and section 2 and
5
subsections (1)(a) and (4) to (6) of section 4 of the Land
Compensation Act 1961 shall, subject to any necessary modifications,
apply for the purposes of this section as they apply for the purposes
of that Act.
(7)
In this section “premises” and “relevant prohibition order” have the
10
same meaning as in section 584A.”
Local Government and Housing Act 1989 (c. 42)
25
In section 100 of the Local Government and Housing Act 1989
(interpretation of Part 7) for the definition of “house in multiple occupation”
substitute—
15

““house in multiple occupation” means a house in multiple occupation
as defined by sections 191 to 195 of the Housing 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
20
dwelling by persons who form a single household;”.
26
In section 195(2) of that Act (short title, commencement and extent) for “167”
substitute “168”.
Water Industry Act 1991 (c. 56)
27
For paragraph 2(2) of Schedule 4A to the Water Industry Act 1991 (premises
25
that are not to be disconnected for non-payment of charges) substitute—
     “(2)
In this paragraph “house in multiple occupation” means a house
in multiple occupation as defined by sections 191 to 195 of the
Housing 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
30
that Act).”
Health Service Commissioners Act 1993 (c. 46)
28    (1)
Section 18 of the Health Service Commissioners Act 1993 (consultation
during investigations) is amended as follows.
      (2)
In subsection (1)—
35
(a)
omit “or” at the end of paragraph (c);
(b)
at the end of paragraph (d) insert “or
(e)
by the Social Housing Ombudsman for Wales under
regulations under section 51B of the Housing Act
1996,”;
40
(c)
omit “the” after “appropriate Commissioner or”; and
(d)
omit “the” after “that Commissioner or”.
      (3)
In subsection (2) omit “the Welsh Administration”.