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Housing Bill


Housing Bill
Part 7 — Supplementary and final provisions

146

 

(a)   

approve a code of practice (whether prepared by that authority or

another person) laying down standards of conduct and practice to be

followed with regard to the management of houses in multiple

occupation;

(b)   

approve a modification of such a code; or

5

(c)   

withdraw the authority’s approval of such a code or modification.

(2)   

Before approving a code of practice or a modification of a code of practice

under this section the appropriate national authority must take reasonable

steps to consult—

(a)   

persons involved in the management of houses in multiple occupation

10

and persons occupying such houses, or

(b)   

persons whom the authority considers to represent the interests of

those persons.

(3)   

The appropriate national authority may only approve a code of practice or a

modification of a code if satisfied that—

15

(a)   

the code or modification has been published (whether by the authority

or by another person) in a manner that the authority considers

appropriate for the purpose of bringing the code or modification to the

attention of those likely to be affected by it; or

(b)   

arrangements have been made for the code or modification to be so

20

published.

(4)   

The appropriate national authority may approve a code of practice which

makes different provision in relation to different cases or descriptions of case

(including different provision for different areas).

(5)   

A failure to comply with a code of practice for the time being approved under

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this section does not of itself make a person liable to any civil or criminal

proceedings.

194     

Management regulations in respect of HMOs

(1)   

The appropriate national authority may by regulations make provision for the

purpose of ensuring that, in respect of every house in multiple occupation of a

30

description specified in the regulations—

(a)   

there are in place satisfactory management arrangements; and

(b)   

satisfactory standards of management are observed.

(2)   

The regulations may, in particular, impose duties on persons occupying a

house for the purpose of ensuring that the person managing the house can

35

effectively carry out any duty imposed on him by the regulations.

(3)   

A person commits an offence if he fails to comply with a regulation under this

section.

(4)   

In proceedings against a person for an offence under subsection (3) it is a

defence that he had a reasonable excuse for not complying with the regulation.

40

(5)   

A person who commits an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

147

 

Information provisions

195     

Power to require documents to be produced

(1)   

The powers conferred by this section are exercisable by or on behalf of a local

housing authority—

(a)   

for any purpose connected with the exercise of any of the authority’s

5

functions under any of Parts 1 to 4 in relation to any premises, or

(b)   

for the purpose of investigating whether any offence has been

committed under any of those Parts in relation to any premises.

(2)   

A local housing authority may give a notice to a relevant person requiring

him—

10

(a)   

to produce any documents which—

(i)   

are specified or described in the notice, or fall within a category

of document which is specified or described in the notice, and

(ii)   

are in his custody or under his control, and

(b)   

to produce them at a time and place so specified and to a person so

15

specified.

(3)   

The notice must include information about the possible consequences of not

complying with the notice.

(4)   

The person to whom any document is produced in accordance with the notice

may copy the document.

20

(5)   

No person may be required under this section to produce any document which

he would be entitled to refuse to provide in proceedings in the High Court on

grounds of legal professional privilege.

(6)   

In this section “document” includes information recorded otherwise than in

legible form, and in relation to information so recorded, any reference to the

25

production of a document is a reference to the production of a copy of the

information in legible form.

(7)   

In this section “relevant person” means, in relation to any premises, a person

within any of the following paragraphs—

(a)   

a person who is, or is proposed to be, the holder of a licence under Part

30

2 or 3 in respect of the premises, or a person on whom any obligation or

restriction under such a licence is, or is proposed to be, imposed,

(b)   

a person who has an estate or interest in the premises,

(c)   

a person who is, or is proposing to be, managing or having control of

the premises,

35

(d)   

a person who is, or is proposing to be, otherwise involved in the

management of the premises,

(e)   

a person who occupies the premises.

196     

Enforcement of powers to obtain information

(1)   

A person commits an offence if he fails to do anything required of him by a

40

notice under section 195.

(2)   

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.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

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(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.

(4)   

A person commits an offence if he intentionally alters, suppresses or destroys

any document which he has been required to produce by a notice under section

195.

5

(5)   

A person who commits an offence under subsection (4) is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

(b)   

on conviction on indictment, to a fine.

(6)   

In this section “document” includes information recorded otherwise than in

10

legible form, and in relation to information so recorded—

(a)   

the reference to the production of a document is a reference to the

production of a copy of the information in legible form, and

(b)   

the reference to suppressing a document includes a reference to

destroying the means of reproducing the information.

15

197     

Use of information obtained for certain other statutory purposes

(1)   

A local housing authority may use any information to which this section

applies—

(a)   

for any purpose connected with the exercise of any of the authority’s

functions under any of Parts 1 to 4 in relation to any premises, or

20

(b)   

for the purpose of investigating whether any offence has been

committed under any of those Parts in relation to any premises.

(2)   

This section applies to any information which has been obtained by the

authority in the exercise of functions under—

(a)   

section 134 of the Social Security Administration Act 1992 (c. 5)

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(housing benefit), or

(b)   

Part 1 of the Local Government Finance Act 1992 (c. 14) (council tax).

198     

False or misleading information

(1)   

A person commits an offence if—

(a)   

he supplies any information to a local housing authority in connection

30

with any of their functions under any of Parts 1 to 4 or this Part,

(b)   

the information is false or misleading, and

(c)   

he knows that it is false or misleading or is reckless as to whether it is

false or misleading.

(2)   

A person commits an offence if—

35

(a)   

he supplies any information to another person which is false or

misleading,

(b)   

he knows that it is false or misleading or is reckless as to whether it is

false or misleading, and

(c)   

he knows that the information is to be used for the purpose of

40

supplying information to a local housing authority in connection with

any of their functions under any of Parts 1 to 4 or this Part.

(3)   

A person who commits an offence under subsection (1) or (2) is liable on

summary conviction to a fine not exceeding level 5 on the standard scale.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

149

 

(4)   

In this section “false or misleading” means false or misleading in any material

respect.

Enforcement

199     

Powers of entry

(1)   

Subsection (2) applies where the local housing authority consider that a survey

5

or examination of any premises is necessary and any of the following

conditions is met —

(a)   

the authority consider that the survey or examination is necessary in

order to determine whether any functions under any of Parts 1 to 4 or

this Part should be exercised in relation to the premises;

10

(b)   

the premises are (within the meaning of Part 1) specified premises in

relation to an improvement notice or prohibition order;

(c)   

an interim or final management order is in force under Part 4 in respect

of the premises.

(2)   

A person authorised by the local housing authority may enter the premises at

15

any reasonable time for the purpose of carrying out a survey or examination of

the premises.

(3)   

If—

(a)   

an interim or final management order is in force under Part 4 in respect

of any premises consisting of part of a house (“the relevant premises”),

20

and

(b)   

another part of the house is excluded from the order by virtue of section

97(8) or 107(7),

   

the power of entry conferred by subsection (2) is exercisable in relation to any

premises comprised in that other part so far as is necessary for the purpose of

25

carrying out a survey or examination of the relevant premises.

(4)   

Before entering any premises in exercise of the power conferred by subsection

(2), the authorised person must have given at least 24 hours’ notice of his

intention to do so—

(a)   

to the owner of the premises (if known), and

30

(b)   

to the occupier (if any).

(5)   

Subsection (6) applies where the local housing authority consider that any

premises need to be entered for the purpose of ascertaining whether an offence

has been committed under section 71, 92 or 194(3).

(6)   

A person authorised by the local housing authority may enter the premises for

35

that purpose—

(a)   

at any reasonable time, but

(b)   

without giving any prior notice as mentioned in subsection (4).

(7)   

A person exercising the power of entry conferred by subsection (2) or (6) may

do such of the following as he thinks necessary for the purpose for which the

40

power is being exercised—

(a)   

take other persons with him;

(b)   

take equipment or materials with him;

(c)   

take measurements or photographs or make recordings;

(d)   

leave recording equipment on the premises for later collection;

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Housing Bill
Part 7 — Supplementary and final provisions

150

 

(e)   

take samples of any articles or substances found on the premises.

(8)   

An authorisation for the purposes of this section—

(a)   

must be in writing; and

(b)   

must state the particular purpose or purposes for which the entry is

authorised.

5

(9)   

A person authorised for the purposes of this section must, if required to do so,

produce his authorisation for inspection by the owner or any occupier of the

premises or anyone acting on his behalf.

(10)   

If the premises are unoccupied or the occupier is temporarily absent, a person

exercising the power of entry conferred by subsection (2) or (6) must leave the

10

premises as effectively secured against trespassers as he found them.

(11)   

In this section “occupier”, in relation to premises, means a person who occupies

the premises, whether for residential or other purposes.

200     

Warrant to authorise entry

(1)   

This section applies where a justice of the peace is satisfied, on a sworn

15

information in writing, that admission to premises specified in the information

is reasonably required for any of the purposes mentioned in subsection (2) by

a person—

(a)   

employed by, or

(b)   

acting on the instructions of,

20

   

the local housing authority.

(2)   

The purposes are—

(a)   

surveying or examining premises in order to determine whether any

functions under any of Parts 1 to 4 or this Part should be exercised in

relation to the premises;

25

(b)   

surveying or examining premises—

(i)   

which are (within the meaning of Part 1) specified premises in

relation to an improvement notice or prohibition order, or

(ii)   

in respect of which an interim or final management order is in

force under Part 4;

30

(c)   

ascertaining whether an offence has been committed under section 71,

92 or 194(3).

(3)   

The justice may by warrant under his hand authorise the person mentioned in

subsection (1) to enter on the premises for such of those purposes as may be

specified in the warrant.

35

(4)   

But the justice must not grant the warrant unless he is satisfied—

(a)   

that admission to the premises has been sought in accordance with

section 199(4) or (6) but has been refused;

(b)   

that the premises are unoccupied or that the occupier is temporarily

absent and it might defeat the purpose of the entry to await his return;

40

or

(c)   

that application for admission would defeat the purpose of the entry.

(5)   

The power of entry conferred by a warrant under this section includes power

to enter by force (if necessary).

 

 

Housing Bill
Part 7 — Supplementary and final provisions

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(6)   

Subsection (7) of section 199 applies to the person on whom that power is

conferred as it applies to a person exercising the power of entry conferred by

subsection (2) or (6) of that section.

(7)   

A warrant under this section must, if so required, be produced for inspection

by the owner or any occupier of the premises or anyone acting on his behalf.

5

(8)   

If the premises are unoccupied or the occupier is temporarily absent, a person

entering under the authority of a warrant under this section must leave the

premises as effectively secured against trespassers as he found them.

(9)   

A warrant under this section continues in force until the purpose for which the

entry is required is satisfied.

10

(10)   

In a case within section 199(3)(a) and (b), the powers conferred by this section

are exercisable in relation to premises comprised in the excluded part of the

house as well as in relation to the relevant premises.

(11)   

In this section “occupier”, in relation to premises, means a person who occupies

the premises, whether for residential or other purposes.

15

201     

Penalty for obstruction

(1)   

A person who obstructs a relevant person in the performance of anything

which, by virtue of any of Parts 1 to 4 or this Part, that person is required or

authorised to do commits an offence.

(2)   

In proceedings against a person for an offence under subsection (1) it is a

20

defence that he had a reasonable excuse for obstructing the relevant person.

(3)   

A person who commits an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(4)   

In this section “relevant person” means an officer of a local housing authority

or any person authorised to enter premises by virtue of any of Parts 1 to 4 or

25

section 199 or 200.

202     

Additional notice requirements for protection of owners

(1)   

This section applies where an owner of premises gives a notice to the local

housing authority for the purposes of this section informing them of his

interest in the premises.

30

(2)   

The authority must give him notice of any action taken by them under any of

Parts 1 to 4 or this Part in relation to the premises.

Documents

203     

Power to prescribe forms

(1)   

The appropriate national authority may by regulations prescribe the form of

35

any notice, statement or other document which is required or authorised to be

used under, or for the purposes of, this Act.

(2)   

The power conferred by this section is not exercisable where specific provision

for prescribing the form of a document is made elsewhere in this Act.

 

 

 
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