Amendments proposed to the Housing Bill - continued House of Commons

back to previous text
Contents of emergency prohibition orders

   

Mr Keith Hill

NC8

To move the following Clause:—

    '(1)   An emergency prohibition order under section (Emergency prohibition orders) must comply with the following requirements of this section.

    (2)   The order must specify, in relation to the hazard (or each of the hazards) to which it relates—

      (a) the nature of the hazard concerned and the residential premises on which it exists,

      (b) the deficiency giving rise to the hazard,

      (c) the premises in relation to which prohibitions are imposed by the order (see subsections (3) and (4) of section 20 as applied by section (Emergency prohibition orders)(3)), and

      (d) any remedial action which the authority consider would, if taken in relation to the hazard, result in their revoking the order under section 23 (as applied by section (Emergency prohibition orders)(5)).

    (3)   The order must contain information about—

      (a) the right to appeal under section (Appeals against emergency measures) against the order, and

      (b) the period within which an appeal may be made,

    and specify the date on which the order is made.'.


Appeals relating to emergency measures.

   

Mr Keith Hill

NC9

To move the following Clause:—

    '(1)   A person on whom a notice under section (Notice of emergency remedial action) has been served in connection with the taking of emergency remedial action under section (Emergency remedial action) may appeal to a residential property tribunal against the decision of the local housing authority to take that action.

    (2)   A relevant person may appeal to a residential property tribunal against an emergency prohibition order.

    (3)   An appeal under subsection (1) or (2) must be made within the period of 28 days beginning with—

      (a) the date specified in the notice under section (Notice of emergency remedial action) as the date when the emergency remedial action was (or was to be) started, or

      (b) the date specified in the emergency prohibition order as the date on which the order was made,

    as the case may be.

    (4)   A residential property tribunal may allow an appeal to be made to it after the end of that period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

    (5)   An appeal under subsection (1) or (2)—

      (a) is to be by way of a re-hearing, but

      (b) may be determined having regard to matters of which the authority were unaware.

    (6)   The tribunal may—

      (a) in the case of an appeal under subsection (1), confirm, reverse or vary the decision of the authority;

      (b) in the case of an appeal under subsection (2), confirm or vary the emergency prohibition order or make an order revoking it as from a date specified in that order.

    (7)   Paragraph 16 of Schedule 2 applies for the purpose of identifying who is a relevant person for the purposes of subsection (2) in relation to an emergency prohibition order as it applies for the purpose of identifying who is a relevant person for the purposes of Part 3 of that Schedule in relation to a prohibition order.'.


Repeal of provisions relating to demolition of obstructive buildings

   

Mr Keith Hill

NC10

To move the following Clause:—

    'Omit sections 283 to 288 of the Housing Act 1985 (c.68) (demolition of obstructive buildings).'.


Transfer of jurisdiction in respect of appeals relating to demolition orders etc.

   

Mr Keith Hill

NC11

To move the following Clause:—

    '(1)   Part 9 of the Housing Act 1985 (c.68) (slum clearance) is further amended as follows.

    (2)   In section 269 (right of appeal against demolition order etc.)—

      (a) in subsection (1), for "the county court" substitute "a residential property tribunal";

      (b) in subsection (3), for "court" substitute "tribunal"; and

      (c) in subsection (6)(a) and (b), for "Court of Appeal" substitute "Lands Tribunal".

    (3)   In section 272 (demolition orders)—

      (a) in subsection (2), for "the court" in the first place it appears substitute "a residential property tribunal", and in the second place it appears substitute "such a tribunal";

      (b) in subsection (5), for the words from the beginning to "and has" substitute "A residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and a county court has"; and

      (c) in subsection (6), for "the court" substitute "a tribunal or court".

    (4)   In section 317 (power of court to determine lease where premises demolished etc.)—

      (a) in subsection (1), for "the county court" substitute "a residential property tribunal"; and

      (b) in subsections (2) and (3), for "court" substitute "tribunal".

    (5)   In section 318 (power of court to authorise execution of works on unfit premises or for improvement)—

      (a) in the sidenote, for "court" substitute "tribunal";

      (b) in subsection (1), for "the court" in the first place it appears substitute "a residential property tribunal", and in the second place it appears substitute "the tribunal";

      (c) in subsections (2) and (3), for "court" substitute "tribunal"; and

      (d) omit subsection (4).'.


Miscellaneous repeals etc. in relation to fire hazards

   

Mr Keith Hill

NC18

To move the following Clause:—

    '(1)   In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

      (a) omit section 35(1)(c)(i) (protection against fire in certain old buildings let in flats or tenements);

      (b) in section 36(1) (projecting shops in which persons are employed or sleep) omit "or sleep"; and

      (c) in section 37(1) (means of access to roofs), in paragraph (b) for the words from "except" onwards substitute "except to the extent that it is occupied for residential purposes;".

    (2)   In the County of Merseyside Act 1980 (c. x) omit section 48 (means of escape from fire) and section 49(1) and (2) (maintenance of means of escape from fire).

    (3)   In the Building Act 1984 (c.55) omit section 72(6)(a) (means of escape from fire in case of certain buildings let in flats or tenements).

    (4)   In the Leicestershire Act 1985 (c. xvii) omit section 54(6)(a) (means of escape from fire in case of certain buildings used as flats or tenements).'.


Overcrowding standards

   

Ms Karen Buck

NC17

To move the following Clause:—

    '(1)   For section 324 of the Housing Act 1985 (in this Act referred to as "the 1985 Act") there is substituted-

      "324 Definition of overcrowding

       A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—

      (a) the standard specified in section 325 ('the bedroom standard'), or

      (b) the standard specified in section 326 ('the space standard'),".

    (2)   For section 325 of the 1985 Act there is substituted—

      "325 The bedroom standard

       (1) The bedroom standard is contravened when the number of bedrooms available to the occupiers of a dwelling is less than the number of bedrooms allocated to them in aggregate in accordance with the formula set out below in subsection (4).

       (2) No account shall be taken for the purposes of the bedroom standard of a room having a floor area of less than 50 square feet.

       (3) A room is available as a bedroom if it is of a type normally used in the locality as a bedroom.

       (4) For the purposes of the bedroom standard a separate bedroom shall be allocated to the following persons—

      (a) a person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex);

      (b) a person aged 21 years or more;

      (c) two persons of the same sex aged 10 years to 20 years;

      (d) two persons (whether of the same sex or not) aged less than 10 years;

      (e) two persons of the same sex where one person is aged between 10 years and 20 years and the other is aged less than 10 years;

      (f) any person aged under 21 years in any case where he or she cannot be paired with another occupier of the dwelling so as to fall within (c), (d) or (e) above."

    (3)   For section 326 of the 1985 Act there is substituted—

      "326 The space standard,

      (1) The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the floor area of the rooms of the dwelling available as bedrooms.

      (2) For this purpose—

      (a) a child under the aged of five shall be reckoned as half a unit and a person aged five or over shall be reckoned as one unit, and

      (b) a room is available as a bedroom if it is of a type normally used in the locality as a bedroom.

      (3) The permitted number of persons in relation to a dwelling is the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of the Table set out below in relation to each room of the floor area specified in column 1; and no account shall be taken for the purposes of the space standard of a room having a floor area of less than 50 square feet.

TABLE

Floor area of roomNumber of persons
110 sq. ft. or more2
90 sq. ft. or more but less than 110 sq. ft.1.5
70 sq. ft. or more but less than 90 sq. ft.1
50 sq. ft. or more but less than 70 sq. ft.0.5

      (4) The Secretary of State may be regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.

      (5) Regulations under subsection (4) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

      (6) A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.".'.



 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2004
Prepared 16 Jan 2004