Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
14

(b)
that it is necessary for such use to be prohibited in order to protect the
health or safety of any actual or potential occupiers of one or more of
the flats.
(5)
A prohibition order under this section may relate to more than one category 1
hazard on the same premises or in the same building containing one or more
5
flats.
(6)
The operation of a prohibition order under this section may be suspended in
accordance with section 22.
20
Prohibition orders relating to category 2 hazards: power of authority to make
order
10
(1)
If—
(a)
the local housing authority are satisfied that a category 2 hazard exists
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,
15

the authority may make a prohibition order under this section in respect of the
hazard.
(2)
A prohibition order under this section is an order imposing such prohibition or
prohibitions on the use of any premises as is or are specified in the order in
accordance with subsection (3) and section 21.
20
(3)
Subsections (3) and (4) of section 19 apply to a prohibition order under this
section as they apply to one under that section.
(4)
A prohibition order under this section may relate to more than one category 2
hazard on the same premises or in the same building containing one or more
flats.
25
(5)
A prohibition order under this section may be combined in one document with
an order under section 19 where they impose prohibitions on the use of the
same premises or on the use of premises in the same building containing one
or more flats.
(6)
The operation of a prohibition order under this section may be suspended in
30
accordance with section 22.
21
Contents of prohibition orders
(1)
A prohibition order under section 19 or 20 must comply with the following
provisions of this section.
(2)
The order must specify, in relation to the hazard (or each of the hazards) to
35
which it relates—
(a)
whether the order is made under section 19 or 20,
(b)
the nature of the hazard concerned and the residential premises on
which it exists,
(c)
the deficiency giving rise to the hazard,
40
(d)
the premises in relation to which prohibitions are imposed by the order
(see subsections (3) and (4)), and

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
15

(e)
any remedial action which the authority consider would, if taken in
relation to the hazard, result in their revoking the order under section
24.
(3)
The order may impose such prohibition or prohibitions on the use of any
premises as—
5
(a)
comply with section 19(3) and (4), and
(b)
the local housing authority consider appropriate in view of the hazard
or hazards in respect of which the order is made.
(4)
Any such prohibition may prohibit use of any specified premises, or of any
part of those premises, either—
10
(a)
for all purposes, or
(b)
for any particular purpose,
except (in either case) to the extent to which any use of the premises or part is
approved by the authority.
(5)
A prohibition imposed by virtue of subsection (4)(b) may, in particular, relate
15
to—
(a)
occupation of the premises or part by more than a particular number of
households or persons; or
(b)
occupation of the premises or part by particular descriptions of
persons.
20
(6)
The order must also contain information about—
(a)
the right under Part 3 of Schedule 2 to appeal against the order, and
(b)
the period within which an appeal may be made,

and specify the date on which the order is made.
(7)
Any approval of the authority for the purposes of subsection (4) must not be
25
unreasonably withheld.
(8)
If the authority do refuse to give any such approval, they must notify the
person applying for the approval of—
(a)
their decision,
(b)
the reasons for it and the date on which it was made,
30
(c)
the right to appeal against the decision under subsection (9), and
(d)
the period within which an appeal may be made,

within the period of seven days beginning with the day on which the decision
was made.
(9)
The person applying for the approval may appeal to a residential property
35
tribunal against the decision within the period of 28 days beginning with the
date specified in the notice as the date on which it was made.
(10)
In this Part of this Act “specified premises”, in relation to a prohibition order,
means premises specified in the order, in accordance with subsection (2)(d), as
premises in relation to which prohibitions are imposed by the order.
40
22
Suspension of prohibition orders
(1)
A prohibition order may provide for the operation of the order to be
suspended until a time, or the occurrence of an event, specified in the order.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
16

(2)
The time so specified may, in particular, be the time when a person of a
particular description begins, or ceases, to occupy any premises.
(3)
The event so specified may, in particular, be a notified breach of an
undertaking accepted by the local housing authority for the purposes of this
section from a person on whom a copy of the order is served.
5
(4)
In subsection (3) a “notified breach”, in relation to such an undertaking, means
an act or omission by such a person—
(a)
which the local housing authority consider to be a breach of the
undertaking, and
(b)
which is notified to that person in accordance with the terms of the
10
undertaking.
23
Operation of prohibition orders
(1)
This section deals with the time when a prohibition order becomes operative.
(2)
The general rule is that a prohibition order becomes operative at the end of the
period of 28 days beginning with the date specified in the notice as the date on
15
which it is made.
(3)
The general rule is subject to subsection (4) (suspended orders) and subsection
(5) (appeals).
(4)
If the order is suspended under section 22, the order becomes operative at the
time when the suspension ends.
20
This is subject to subsection (5).
(5)
If an appeal is brought against the order under Part 3 of Schedule 2, the order
does not become operative until such time (if any) as is the operative time for
the purposes of this subsection under paragraph 14 of that Schedule (time
when order is confirmed on appeal, period for further appeal expires or
25
suspension ends).
(6)
If no appeal against a prohibition order is made under that Part of that
Schedule within the period for appealing against it, the order is final and
conclusive as to matters which could have been raised on an appeal.
(7)
Sections 584A and 584B of the Housing Act 1985 (c. 68) provide for the
30
payment of compensation where certain prohibition orders become operative,
and for the repayment of such compensation in certain circumstances.
24
Revocation and variation of prohibition orders
(1)
The local housing authority must revoke a prohibition order if at any time they
are satisfied that the hazard in respect of which the order was made does not
35
then exist on the residential premises specified in the order in accordance with
section 21(2)(b).
(2)
The local housing authority may revoke a prohibition order if—
(a)
in the case of an order made under section 19, they consider that there
are any special circumstances making it appropriate to revoke the
40
order; or
(b)
in the case of an order made under section 20, they consider that it is
appropriate to do so.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
17

(3)
Where a prohibition order relates to a number of hazards—
(a)
subsection (1) is to be read as applying separately in relation to each of
those hazards, and
(b)
if, as a result, the authority are required to revoke only part of the order,
they may vary the remainder as they consider appropriate.
5
(4)
The local housing authority may vary a prohibition order—
(a)
with the agreement of every person on whom copies of the notice were
required to be served under Part 1 of Schedule 2, or
(b)
in the case of an order whose operation is suspended, so as to alter the
time or events by reference to which the suspension is to come to an
10
end.
(5)
A revocation under this section comes into force at the time when it is made.
(6)
If it is made with the agreement of every person within subsection (4)(a), a
variation under this section comes into force at the time when it is made.
(7)
Otherwise a variation under this section does not come into force until such
15
time (if any) as is the operative time for the purposes of this subsection under
paragraph 15 of Schedule 2 (time when period for appealing expires without
an appeal being made or when decision to revoke or vary is confirmed on
appeal).
(8)
The power to revoke or vary a prohibition order under this section is
20
exercisable by the authority either—
(a)
on an application made by a person on whom a copy of the order was
required to be served under Part 1 of Schedule 2, or
(b)
on the authority’s own initiative.
25
Review of suspended prohibition orders
25
(1)
The local housing authority may at any time review a prohibition order whose
operation is suspended.
(2)
The local housing authority must review a prohibition order whose operation
is suspended not later than one year after the date on which the order was
made and at subsequent intervals of not more than one year.
30
(3)
Copies of the authority’s decision on a review under this section must be
served on every person on whom a copy of the order was required to be served
under Part 1 of Schedule 2.
26
Service of copies of prohibition orders etc. and related appeals
Schedule 2 (which deals with the service of copies of prohibition orders, and
35
notices relating to their revocation or variation, and with related appeals) has
effect.
Hazard awareness notices
27
Hazard awareness notices relating to category 1 hazards: duty of authority to
serve notice
40
(1)
If—

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
18

(a)
the local housing authority are satisfied that a category 1 hazard exists
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,

serving a hazard awareness notice under this section in respect of the hazard
5
is a course of action available to the authority in relation to the hazard for the
purposes of section 5 (category 1 hazards: general duty to take enforcement
action).
(2)
A hazard awareness notice under this section is a notice advising the person on
whom it is served of the existence of a category 1 hazard on the residential
10
premises concerned which arises as a result of a deficiency on the premises in
respect of which the notice is served.
(3)
The notice may be served in respect of the following premises—
(a)
if the residential premises on which the hazard exists are a dwelling or
HMO which is not a flat, it may be served in respect of the dwelling or
15
HMO;
(b)
if those premises are one or more flats, it may be served in respect of the
building containing the flat or flats (or any part of the building) or any
external common parts;
(c)
if those premises are the common parts of a building containing one or
20
more flats, it may be served in respect of the building (or any part of the
building) or any external common parts.
Paragraphs (b) and (c) are subject to subsection (4).
(4)
The notice may not, by virtue of subsection (3)(b) or (c), be served in respect of
any part of the building or its external common parts that is not included in any
25
residential premises on which the hazard exists, unless the authority are
satisfied—
(a)
that the deficiency from which the hazard arises is situated there, and
(b)
that it is desirable for the notice to be so served in the interests of the
health or safety of any actual or potential occupiers of one or more of
30
the flats.
(5)
A notice under this section may relate to more than one category 1 hazard on
the same premises or in the same building containing one or more flats.
(6)
A notice under this section must specify, in relation to the hazard (or each of
the hazards) to which it relates—
35
(a)
the nature of the hazard and the residential premises on which it exists,
(b)
the deficiency giving rise to the hazard,
(c)
the premises on which the deficiency exists,
(d)
the authority’s reasons for deciding to serve the notice, including their
reasons for deciding that serving the notice is the most appropriate
40
course of action, and
(e)
details of the remedial action (if any) which the authority consider that
it would be practicable and appropriate to take in relation to the
hazard.
(7)
Part 1 of Schedule 1 (which relates to the service of improvement notices and
45
copies of such notices) applies to a notice under this section as if it were an
improvement notice.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
19

(8)
For that purpose, any reference in that Part of that Schedule to “the specified
premises” is, in relation to a hazard awareness notice under this section, a
reference to the premises specified under subsection (6)(c).
28
Hazard awareness notices relating to category 2 hazards: power of authority
to serve notice
5
(1)
If—
(a)
the local housing authority are satisfied that a category 2 hazard exists
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,
10

the authority may serve a hazard awareness notice under this section in respect
of the hazard.
(2)
A hazard awareness notice under this section is a notice advising the person on
whom it is served of the existence of a category 2 hazard on the residential
premises concerned which arises as a result of a deficiency on the premises in
15
respect of which the notice is served.
(3)
Subsections (3) and (4) of section 27 apply to a hazard awareness notice under
this section as they apply to one under that section.
(4)
A notice under this section may relate to more than one category 2 hazard on
the same premises or in the same building containing one or more flats.
20
(5)
A notice under this section must specify, in relation to the hazard (or each of
the hazards) to which it relates—
(a)
the nature of the hazard and the residential premises on which it exists,
(b)
the deficiency giving rise to the hazard,
(c)
the premises on which the deficiency exists,
25
(d)
the authority’s reasons for deciding to serve the notice, including their
reasons for deciding that serving the notice is the most appropriate
course of action, and
(e)
details of the remedial action (if any) which the authority consider that
it would be practicable and appropriate to take in relation to the
30
hazard.
(6)
A notice under this section may be combined in one document with a notice
under section 27 where they are served in respect of the same premises.
(7)
Part 1 of Schedule 1 (which relates to the service of improvement notices and
copies of such notices) applies to a notice under this section as if it were an
35
improvement notice.
(8)
For that purpose, any reference in that Part of that Schedule to “the specified
premises” is, in relation to a hazard awareness notice under this section, a
reference to the premises specified under subsection (5)(c).
Enforcement: improvement notices
40
29
Offence of failing to comply with improvement notice
(1)
Where an improvement notice has become operative, the person on whom the
notice was served commits an offence if he fails to comply with it.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
20

(2)
For the purposes of this Chapter compliance with an improvement notice
means, in relation to each hazard, beginning and completing any remedial
action specified in the notice—
(a)
(if no appeal is brought against the notice) not later than the date
specified under section 12(2)(e) and within the period specified under
5
section 12(2)(f);
(b)
(if an appeal is brought against the notice and is not withdrawn) not
later than such date and within such period as may be fixed by the
tribunal determining the appeal; and
(c)
(if an appeal brought against the notice is withdrawn) not later than the
10
21st day after the date on which the notice becomes operative and
within the period (beginning on that 21st day) specified in the notice
under section 12(2)(f).
(3)
A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
15
(4)
In proceedings against a person for an offence under subsection (1) it is a
defence that he had a reasonable excuse for failing to comply with the notice.
(5)
The obligation to take any remedial action specified in the notice in relation to
a hazard continues despite the fact that the period for completion of the action
has expired.
20
(6)
In this section any reference to any remedial action specified in a notice
includes a reference to any part of any remedial action which is required to be
completed within a particular period specified in the notice.
30
Enforcement action by local housing authorities
Schedule 3 (which enables enforcement action in respect of an improvement
25
notice to be taken by local housing authorities either with or without
agreement and which provides for the recovery of related expenses) has effect.
Enforcement: prohibition orders
31
Offence of failing to comply with prohibition order etc.
(1)
A person commits an offence if, knowing that a prohibition order has become
30
operative in relation to any specified premises, he—
(a)
uses the premises in contravention of the order, or
(b)
permits the premises to be so used.
(2)
A person who commits an offence under subsection (1) is liable on summary
conviction—
35
(a)
to a fine not exceeding level 5 on the standard scale, and
(b)
to a further fine not exceeding £20 for every day or part of a day on
which he so uses the premises, or permits them to be so used, after
conviction.
(3)
In proceedings against a person for an offence under subsection (1) it is a
40
defence that he had a reasonable excuse for using the premises, or (as the case
may be) permitting them to be used, in contravention of the order.