Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous
139

Registered social landlords
184
Amendments relating to registered social landlords
Schedule 8 (which makes amendments relating to registered social landlords)
has effect.
185
Disclosure of information to registered social landlords for the purposes of
5
the Crime and Disorder Act 1998
In section 115(2) of the Crime and Disorder Act 1998 (c. 37) after paragraph (d)
insert—
“(da)
a person registered under section 1 of the Housing Act 1996 as
a social landlord;”.
10
Grants for social housing
186
Additional power to give grants for social housing
After section 27 of the Housing Act 1996 (c. 52) insert—
“Grants to bodies other than registered social landlords
27A Grants to bodies other than registered social landlords
15
(1)
The Relevant Authority may make grants under this section to
companies that are not registered social landlords.
(2)
Grants under this section are grants for any of the following purposes—
(a)
acquiring, or repairing and improving, or creating by the
conversion of houses or other property, houses to be disposed
20
of—
(i)
under equity percentage arrangements, or
(ii)
on shared ownership terms;
(b)
constructing houses to be disposed of—
(i)
under equity percentage arrangements, or
25
(ii)
on shared ownership terms;
(c)
providing loans to be secured by mortgages to assist persons to
acquire houses for their own occupation;
(d)
providing, constructing or improving houses to be kept
available for letting;
30
(e)
providing, constructing or improving houses for letting that are
to be managed by such registered social landlords, and under
arrangements containing such terms, as are approved by the
Relevant Authority;
(f)
such other purposes as may be specified in an order under
35
subsection (3).
(3)
The Secretary of State may by order make such provision in connection
with the making of grants under this section as he considers
appropriate.
(4)
An order under subsection (3) may, in particular, make provision—
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Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous
140

(a)
defining “equity percentage arrangements” for the purposes of
this section;
(b)
specifying or describing the bodies from whom loans may be
obtained by persons wishing to acquire houses for their own
occupation;
5
(c)
dealing with the priority of mortgages entered into by such
persons;
(d)
specifying purposes additional to those mentioned in
subsection (2)(a) to (e).
(5)
The Relevant Authority shall specify in relation to grants under this
10
section—
(a)
the procedure to be followed in relation to applications for
grant,
(b)
the circumstances in which grant is or is not to be payable,
(c)
the method for calculating, and any limitations on, the amount
15
of the grant, and
(d)
the manner in which, and the time or times at which, grant is to
be paid.
(6)
In making a grant to a company under this section the Relevant
Authority may provide that the grant is conditional on compliance by
20
the company with such conditions as the Authority may specify.
(7)
The conditions that may be so specified include conditions requiring
the payment to the Relevant Authority in specified circumstances of a
sum determined by the Authority (with or without interest).
(8)
An order under subsection (3) shall be made by statutory instrument
25
which shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
(9)
In this section—

“company” means—
(a)
a company registered under the Companies Act 1985
30
(including such a company which is also a registered
charity), or
(b)
a company not so registered which is established by a
local housing authority for the purpose of exercising
management functions of the authority under section 27
35
of the Housing Act 1985;

“disposed of on shared ownership terms” has the meaning given
by section 2(6);

“letting” includes the grant of a licence to occupy.”
Disabled facilities grant
40
187
Disabled facilities grant: caravans
(1)
The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is
amended as follows.
(2)
In section 1(1)(c)(i) (grants in relation to qualifying park homes) for “qualifying
park homes” substitute “caravans”.
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Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous
141

(3)
In section 19(1) (applications for grants) for paragraph (c) substitute—
“(c)
that the applicant is an occupier (alone or jointly with others) of
a qualifying houseboat or a caravan and, in the case of a
caravan, that at the time the application was made the caravan
was stationed on land within the authority’s area.”
5
(4)
In section 22A (certificates required in case of occupier’s application)—
(a)
for “qualifying park home” in subsection (2)(b) and (3)(a) and (b)
substitute “caravan”, and
(b)
for “pitch” in subsection (3)(a) substitute “land”.
(5)
In the following provisions for “qualifying park home” substitute “caravan”—
10
(a)
section 23(1)(a)(i), (b)(i), (i) and (k) (purposes of grant);
(b)
section 24(3)(b)(i) (approval of application);
(c)
section 29(3) (restriction on grants for works already begun);
(d)
section 41(1)(b) (change of circumstances).
(6)
In section 57(2)(a) (power of authority to carry out works)—
15
(a)
for “qualifying park home”, in each place where it occurs, substitute
“caravan”, and
(b)
for “pitch” in sub-paragraph (i) substitute “land”.
(7)
In section 58 (minor definitions for the purposes of Chapter 1 of Part 1)—
(a)
before the definition of “common parts” insert—
20

““caravan”—
(a)
means a caravan within the meaning of Part 1 of the
Caravan Sites and Control of Development Act 1960
(disregarding the amendment made by section 13(2)
of the Caravan Sites Act 1968); and
25
(b)
includes any yard, garden, outhouses and
appurtenances belonging to it or usually enjoyed with
it;” and
(b)
for “qualifying park home” in the definition of “premises” substitute
“caravan”, and
30
(c)
omit the definition of “qualifying park home”.
(8)
In section 59 (index of defined expressions)—
(a)
before the entry relating to “certified date” insert—

“caravan
section 58”; and

(b)
omit the entry relating to “qualifying park home”.
35
(9)
The amendments made by this section do not apply in relation to any
application for a disabled facilities grant under the Housing Grants,
Construction and Regeneration Act 1996 (c. 53) that is made before the day on
which this section comes into force.

Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous
142

Annual reports by local housing authorities
188
Removal of duty on local housing authorities to send annual reports to
tenants etc.
Omit section 167 of the Local Government and Housing Act 1989 (c. 42) (duty
of local housing authorities to send annual reports to tenants).
5
Social Housing Ombudsman for Wales
189
Social Housing Ombudsman for Wales
(1)
After subsection (6) of section 51 of the Housing Act 1996 (c. 52) (schemes for
investigation of housing complaints) insert—
“(7)
This section shall not apply in relation to social landlords in Wales
10
(within the meaning given by section 51C).”
(2)
After that section insert—
“51A
Social Housing Ombudsman for Wales
(1)
For the purpose of the investigation of complaints made about social
landlords in Wales, there shall be an office of Social Housing
15
Ombudsman for Wales or Ombwdsmon Tai Cymdeithasol Cymru.
(2)
The person who is the Local Commissioner for Wales shall also be the
Social Housing Ombudsman for Wales.
(3)
If there is more than one person who is a Local Commissioner for
Wales, the Commission for Local Administration in Wales shall
20
designate one of them to be the Social Housing Ombudsman for Wales.
(4)
If a person who is the Social Housing Ombudsman for Wales ceases to
be a Local Commissioner for Wales, he shall cease to be the Social
Housing Ombudsman for Wales.
(5)
The power under section 23(6) of the Local Government Act 1974 to
25
remove a Local Commissioner for Wales from office on grounds of
incapacity or misbehaviour includes a power to remove him from that
office on grounds of incapacity or misbehaviour which are exclusively
or partly relevant to the office of Social Housing Ombudsman for
Wales.
30
(6)
“Local Commissioner for Wales” shall be construed in accordance with
section 23 of the Local Government Act 1974.
(7)
Schedule 2A (which contains further provision about the Social
Housing Ombudsman for Wales) shall have effect.
51B
Investigation of complaints
35
(1)
The National Assembly for Wales may by regulations make provision
about the investigation by the Social Housing Ombudsman for Wales
of complaints made about social landlords in Wales.
(2)
Regulations under subsection (1) may in particular make provision
about—
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Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous
143

(a)
the matters about which complaints may be made;
(b)
the grounds on which a matter may be excluded from
investigation, including that the matter is the subject of court
proceedings or was the subject of court proceedings where
judgment on the merits was given;
5
(c)
the description of individual who may make a complaint;
(d)
a power of the Social Housing Ombudsman for Wales to
investigate any complaint duly made (whether the complaint is
subsequently withdrawn or not), and, where he investigates,
the making of a determination;
10
(e)
a power of the Social Housing Ombudsman for Wales to
propose alternative methods of resolving a dispute;
(f)
the powers of the Social Housing Ombudsman for Wales for the
purposes of his investigations (including powers to consult and
co-operate with other persons), and the procedure to be
15
followed in the conduct of investigations;
(g)
the powers of the Social Housing Ombudsman for Wales on
making a determination, which may include power—
(i)
to make recommendations as to action to be taken to
remedy any injustice to the person aggrieved and to
20
prevent any similar injustice being caused in the future,
(ii)
to make orders with regard to the payment of
compensation or to order that a person is not to exercise,
or require the performance of, certain rights or
obligations, and
25
(iii)
to publish statements, or to make orders requiring the
publication of statements, that a person has failed to
comply with an order mentioned in sub-paragraph (ii);
(h)
the manner in which determinations are to be—
(i)
communicated to the complainant and the person
30
against whom the complaint was made; and
(ii)
published (with or without excisions).
(3)
Regulations under this section may contain such supplementary,
incidental, consequential or transitional provisions and savings as the
National Assembly for Wales considers appropriate.
35
(4)
Regulations under this section may make different provision for
different cases or descriptions of case.
(5)
Regulations under this section shall be made by statutory instrument.
51C
Meaning of “social landlord in Wales”
(1)
“Social landlord in Wales” means—
40
(a)
a body which is registered as a social landlord in the register
maintained by the National Assembly for Wales under section
1 of this Act;
(b)
a body which was at any time registered as a social landlord in
that register (or in the register previously maintained under that
45
section by the Secretary of State or Housing for Wales); and
(c)
any other body which was at any time registered with Housing
for Wales, the Secretary of State or the National Assembly for
Wales and which owns or manages publicly-funded dwellings.

Housing Bill
Part 7 — Supplementary and final provisions
144

(2)
In subsection (1)(c) a “publicly-funded” dwelling means a dwelling
which was—
(a)
provided by means of a grant under—
(i)
section 18 of this Act (social housing grant); or
(ii)
section 50 of the Housing Act 1988, section 41 of the
5
Housing Associations Act 1985, or section 29 or 29A of
the Housing Act 1974 (housing association grant); or
(b)
acquired on a disposal by a public sector landlord.
(3)
The National Assembly for Wales may by order made by statutory
instrument add to or amend the descriptions of landlords who are to be
10
treated as social landlords in Wales.
(4)
Before making any such order the National Assembly for Wales shall
consult such persons as it considers appropriate.
(5)
Any such order may contain such supplementary, incidental,
consequential or transitional provisions and savings as the National
15
Assembly for Wales considers appropriate.”
(3)
After Schedule 2 to that Act there is inserted, as Schedule 2A, the Schedule set
out in Schedule 9 to this Act.
(4)
In Schedule 4 to the Local Government Act 1974 (c. 7), in paragraph 1(3)
(validity of acts despite disqualification for being appointed as, or for being, a
20
Local Commissioner) after “office” there is inserted “or in the office of Social
Housing Ombudsman for Wales”.
Part 7
Supplementary and final provisions
Residential property tribunals
25
190
Residential property tribunals
(1)
Any jurisdiction conferred on a residential property tribunal by or under any
enactment is exercisable by a rent assessment committee constituted in
accordance with Schedule 10 to the Rent Act 1977 (c. 42).
(2)
When so constituted for exercising any such jurisdiction a rent assessment
30
committee is known as a residential property tribunal.
(3)
The appropriate national authority may by order make provision for and in
connection with conferring on residential property tribunals, in relation to
such matters as are specified in the order, such jurisdiction as is so specified.
(4)
An order under subsection (3) may modify an enactment (including this Act).
35
(5)
Schedule 10 (Residential property tribunals: procedure) has effect.
191
Appeals from residential property tribunals
(1)
A party to proceedings before a residential property tribunal may appeal to the
Lands Tribunal from a decision of the residential property tribunal.
(2)
But the appeal may only be made—
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Housing Bill
Part 7 — Supplementary and final provisions
145

(a)
with the permission of the residential property tribunal or the Lands
Tribunal, and
(b)
within the time specified by rules under section 3(6) of the Lands
Tribunal Act 1949 (c. 42).
(3)
On the appeal—
5
(a)
the Lands Tribunal may exercise any power which was available to the
residential property tribunal, and
(b)
a decision of the Lands Tribunal may be enforced in the same way as a
decision of the residential property tribunal.
(4)
Section 11(1) of the Tribunals and Inquiries Act 1992 (c. 53) (appeals from
10
certain tribunals to High Court) does not apply to any decision of a residential
property tribunal.
(5)
For the purposes of section 3(4) of the Lands Tribunal Act 1949 (c. 42) (which
enables a person aggrieved by a decision of the Lands Tribunal to appeal to the
Court of Appeal) a residential property tribunal is not to be regarded as an
15
aggrieved person.
Register of licences and management orders
192
Register of licences and management orders
(1)
Every local housing authority must establish and maintain a register of—
(a)
all licences granted by them under Part 2 or 3 which are in force;
20
(b)
all temporary exemption notices served by them under section 61 or
section 83 which are in force; and
(c)
all interim and final management orders made by them under Part 4
which are in force.
(2)
The register may, subject to any requirements that may be prescribed, be in
25
such form as the authority consider appropriate.
(3)
Each entry in the register is to contain such particulars as may be prescribed.
(4)
The authority must ensure that the contents of the register are available at the
authority’s head office for inspection by members of the public at all
reasonable times.
30
(5)
If requested by a person to do so and subject to payment of such reasonable fee
(if any) as the authority may determine, a local housing authority must supply
the person with a copy (certified to be true) of the register or of an extract from
it.
(6)
A copy so certified is prima facie evidence of the matters mentioned in it.
35
(7)
In this section “prescribed” means prescribed by regulations made by the
appropriate national authority.
Codes of practice and management regulations relating to HMOs
193
Approval of codes of practice with regard to the management of HMOs
(1)
The appropriate national authority may by order—
40