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House of Commons

Session 2003 - 04 Internet Publications Other Bills before Parliament

Housing Bill

Housing Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Office of the Deputy Prime Minister, are
published separately as Bill 11—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Prescott has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Housing Bill are compatible with the Convention
rights.
Bill 11 53/3
Housing Bill
Contents
Part 1
Housing conditions
Chapter 1
Enforcement of housing standards: general
New system for assessing housing conditions
1    New system for assessing housing conditions and enforcing housing
standards
2    Meaning of “category 1 hazard” and “category 2 hazard”
Procedure for assessing housing conditions
3    Local housing authorities to review housing conditions in their districts
4    Inspections by local housing authorities to see whether category 1 or 2
hazards exist
Enforcement of housing standards
5    Category 1 hazards: general duty to take enforcement action
6    Category 1 hazards: how duty under section 5 operates in certain cases
7    Category 2 hazards: powers to take enforcement action
8    Guidance about inspections and enforcement action
Chapter 2
Improvement notices, prohibition orders and hazard awareness notices
Improvement notices
9    Improvement notices relating to category 1 hazards: duty of authority to
serve notice
10    Improvement notices relating to category 2 hazards: power of authority to
serve notice
11    Contents of improvement notices
Bill 11 53/3
Housing Bill iv
12    Suspension of improvement notices
13    Revocation and variation of improvement notices
14    Operation of improvement notices
15    Review of suspended improvement notices
16    Service of improvement notices etc. and related appeals
17    Change in person liable to comply with improvement notice
Prohibition orders
18    Prohibition orders relating to category 1 hazards: duty of authority to make
order
19    Prohibition orders relating to category 2 hazards: power of authority to make
order
20    Contents of prohibition orders
21    Suspension of prohibition orders
22    Operation of prohibition orders
23    Revocation and variation of prohibition orders
24    Review of suspended prohibition orders
25    Service of copies of prohibition orders etc. and related appeals
Hazard awareness notices
26    Hazard awareness notices relating to category 1 hazards: duty of authority to
serve notice
27    Hazard awareness notices relating to category 2 hazards: power of authority
to serve notice
Enforcement: improvement notices
28    Offence of failing to comply with improvement notice
29    Enforcement action by local housing authorities
Enforcement: prohibition orders
30    Offence of failing to comply with prohibition order etc.
31    Recovery of possession of premises in order to comply with order
32    Power of court to determine or vary lease
Enforcement: improvement notices and prohibition orders
33    Power of court to order occupier or owner to allow action to be taken on
premises
34    Power of court to authorise action by one owner on behalf of another
Supplementary provisions
35    Effect of improvement notices and prohibition orders as local land charges
36    Savings for rights arising from breach of covenant etc.
37    Effect of Part 4 enforcement action and redevelopment proposals
Housing Bill v
Chapter 3
Demolition orders and slum clearance declarations
Demolition orders
38    Demolition orders
Slum clearance declarations
39    Clearance areas
Chapter 4
General provisions relating to enforcement action
Recovery of expenses relating to enforcement action
40    Power to charge for certain enforcement action
41    Recovery of charge under section 40
Repeal
42    Repeal of power to improve existing enforcement procedures
Index
43    Index of defined expressions: Part 1
Part 2
Licensing of houses in multiple occupation
Introductory
44    Licensing of HMOs to which this Part applies
Designation of additional licensing areas
45    Designation of areas subject to additional licensing
46    Designations under section 45: further considerations
47    Designation needs confirmation or general approval to be effective
48    Notification requirements relating to designations
49    Duration, review and revocation of designations
HMOs required to be licensed
50    Requirement for HMOs to be licensed
51    Temporary exemption from licensing requirement
Grant or refusal of licences
52    Applications for licences
53    Grant or refusal of licence
Housing Bill vi
54    Tests as to suitability for multiple occupation
55    Tests for fitness etc. and satisfactory management arrangements
56    Licence conditions
57    Licences: general requirements and duration
Variation and revocation of licences
58    Variation of licences
59    Revocation of licences
Procedure and appeals
60    Procedural requirements and appeals against licence decisions
Enforcement
61    Offences in relation to licensing of HMOs
62    Further sanctions relating to unlicensed HMOs
Supplementary provisions
63    Transitional arrangements relating to introduction and termination of
licensing
64    Meaning of “HMO”
65    Index of defined expressions: Part 2
Part 3
Selective licensing of other residential accommodation
Introductory
66    Licensing of houses to which this Part applies
Designation of selective licensing areas
67    Designation of selective licensing areas
68    Designations under section 67: further considerations
69    Designation needs confirmation or general approval to be effective
70    Notification requirements relating to designations
71    Duration, review and revocation of designations
Houses required to be licensed
72    Requirement for Part 3 houses to be licensed
73    Temporary exemption from licensing requirement
Grant or refusal of licences
74    Applications for licences
75    Grant or refusal of licence
76    Tests for fitness etc. and satisfactory management arrangements
77    Licence conditions
78    Licences: general requirements and duration
Housing Bill vii
Variation and revocation of licences
79    Variation of licences
80    Revocation of licences
Procedure and appeals
81    Procedural requirements and appeals against licence decisions
Enforcement
82    Offences in relation to licensing of houses under this Part
83    Further sanctions relating to unlicensed Part 3 houses
Supplementary provisions
84    Meaning of “house” etc.
85    Index of defined expressions: Part 3
Part 4
Additional control provisions in relation to residential accommodation
Introductory
86    Interim and final management orders: introductory
Interim management orders: making and operation of orders
87    Making of interim management orders
88    Special interim management orders
89    The health and safety condition
90    Operation of interim management orders
91    Local housing authority’s duties once interim management order in force
92    General effect of interim management orders
93    General effect of interim management orders: immediate landlords,
mortgagees etc.
94    Financial arrangements while order is in force
Interim management orders: variation and revocation
95    Variation of interim management orders
96    Revocation of interim management orders
Final management orders: making and operation of orders
97    Making of final management orders
98    Operation of final management orders
99    Local housing authority’s duties once final management order in force
100    General effect of final management orders
101    General effect of final management orders: immediate landlords, mortgagees
etc.
102    Management scheme and accounts
Housing Bill viii
Final management orders: variation and revocation
103    Variation of final management orders
104    Revocation of final management orders
Interim and final management orders: procedure and appeals
105    Procedural requirements and appeals
Interim and final management orders: other general provisions
106    Effect of management orders: occupiers
107    Effect of management orders: agreements and legal proceedings
108    Effect of management orders: furniture
109    Management orders: power to supply furniture
110    Termination of management orders: financial arrangements
111    Termination of management orders: leases, agreements and proceedings
112    Management orders: power of entry to carry out work
Overcrowding notices
113    Service of overcrowding notices
114    Contents of overcrowding notices
115    Requirement as to overcrowding generally
116    Requirement as to new residents
117    Appeals against overcrowding notices
118    Revocation and variation of overcrowding notices
Index
119    Index of defined expressions: Part 4
Part 5
Home information packs
Preliminary
120    Meaning of “residential property” and “home information pack”
121    Meaning of “on the market” and related expressions
122    Acting as estate agent
Responsibility for marketing residential properties
123    Responsibility for marketing: general
124    Responsibility of person acting as estate agent
125    Responsibility of the seller
Duties of a responsible person where a property is on the market
126    Application of sections 127 to 129
127    Duty to have a home information pack
128    Duty to provide copy of home information pack on request
129    Duty to ensure authenticity of documents in other situations

© Parliamentary copyright 2003	Revised 8 December 2003