|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| 25 |
this section does not of itself make a person liable to any civil or criminal |
| |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
| |
195 | Power to require documents to be produced |
| |
(1) | The powers conferred by this section are exercisable by or on behalf of a local |
| |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
| 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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(5) | A person who commits an offence under subsection (4) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(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 |
| |
| |
(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) |
| 25 |
| |
(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 |
| |
| |
(2) | A person commits an offence if— |
| 35 |
(a) | he supplies any information to another person which is false or |
| |
| |
(b) | he knows that it is false or misleading or is reckless as to whether it is |
| |
| |
(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. |
| |
|
| |
|
| |
|
(4) | In this section “false or misleading” means false or misleading in any material |
| |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
(b) | another part of the house is excluded from the order by virtue of section |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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; |
| 45 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
| |
(b) | acting on the instructions of, |
| 20 |
| the local housing authority. |
| |
| |
(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 |
| |
| 30 |
(c) | ascertaining whether an offence has been committed under section 71, |
| |
| |
(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 |
| |
(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). |
| |
|
| |
|
| |
|
(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 |
| |
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. |
| |
| |
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. |
| |
|
| |
|