Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

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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—
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(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
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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
25
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.

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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,
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(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.

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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.
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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
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(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—
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(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
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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.

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(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;
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(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”),
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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
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(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
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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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(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.
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(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.
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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,
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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;
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(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;
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(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.
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(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).

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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.
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(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.
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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
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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.
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(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
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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.