Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

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Part 7 — Supplementary and final provisions
152

204
Power to dispense with notices
(1)
The appropriate national authority may dispense with the service of a notice
which is required to be served by a local housing authority under this Act if
satisfied that it is reasonable to do so.
(2)
A dispensation may be given either before or after the time at which the notice
5
is required to be served.
(3)
A dispensation may be given either unconditionally or on such conditions
(whether as to the service of other notices or otherwise) as the appropriate
national authority considers appropriate.
(4)
Before giving a dispensation under this section, the appropriate national
10
authority shall, in particular, have regard to the need to ensure, so far as
possible, that the interests of any person are not prejudiced by the
dispensation.
205
Service of documents
(1)
Subsection (2) applies where the local housing authority is, by virtue of any
15
provision of Parts 1 to 4, under a duty to serve a document on a person who, to
the knowledge of the authority, is—
(a)
a person having control of premises,
(b)
a person managing premises, or
(c)
a person having an estate or interest in premises, whether or not
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restricted to persons who are owners or lessees or mortgagees or to any
other class of those having an estate or interest in premises,

or a person who (but for an interim or final management order under Part 4)
would fall within paragraph (a) or (b).
(2)
The local housing authority shall take reasonable steps to identify the person
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or persons falling within the description in that provision.
(3)
A person having an estate or interest in premises may for the purposes of any
provision to which subsections (1) and (2) apply give notice to the local
housing authority of his interest in the premises.
(4)
The local housing authority must enter a notice under subsection (3) in its
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records.
(5)
A document required or authorised by any of Parts 1 to 4 to be served on a
person as being a person having control of premises may, if it is not practicable
after reasonable enquiry to ascertain the name or address of that person, be
served by—
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(a)
addressing it to him by the description of “person having control of” the
premises (naming them) to which it relates, and
(b)
delivering it to some person on the premises or, if there is no person on
the premises to whom it can be delivered, by fixing it, or a copy of it, to
some conspicuous part of the premises.
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(6)
Where under any provision of Parts 1 to 4 or this Part a document is to be
served on—
(a)
the person having control of premises,
(b)
the person managing premises, or
(c)
the owner of premises,
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and more than one person comes within the description in the provision, the
document may be served on more than one of those persons.
(7)
Section 233 of the Local Government Act 1972 (c. 70) (service of notices by local
authorities) applies in relation to the service of documents for any purposes of
this Act by the authorities mentioned in section 218(2)(d) and (e) of this Act as
5
if they were local authorities within the meaning of section 233.
(8)
In this section references to serving include references to similar expressions
(such as giving or sending).
(9)
In this section—

“document” includes anything in writing;
10

“premises”, in the context of a reference to a person managing or having
control of, or to the owner of, premises, means premises however
defined.
206
Licences and other documents in electronic form
(1)
A local housing authority may, subject to subsection (3), issue a licence to a
15
person under Part 2 or 3 by transmitting the text of the licence to him by
electronic means, provided the text—
(a)
is received by him in legible form, and
(b)
is capable of being used for subsequent reference.
(2)
A local housing authority may, subject to subsection (3), serve a relevant
20
document on a person by transmitting the text of the document to him in the
way mentioned in subsection (1).
(3)
The recipient, or the person on whose behalf the recipient receives the
document, must have indicated to the local housing authority the recipient’s
willingness to receive documents transmitted in the form and manner used.
25
(4)
An indication for the purposes of subsection (3)—
(a)
must be given to the local housing authority in such manner as they
may require;
(b)
may be a general indication or one that is limited to documents of a
particular description;
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(c)
must state the address to be used and must be accompanied by such
other information as the local housing authority require for the making
of the transmission; and
(d)
may be modified or withdrawn at any time by a notice given to the local
housing authority in such manner as they may require.
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(5)
In this section any reference to serving includes a reference to similar
expressions (such as giving or sending).
(6)
In this section—

“document” includes anything in writing; and

“relevant document” means any document which a local housing
40
authority are, by virtue of any provision of Parts 1 to 4 or this Part,
under a duty to serve on any person.

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207
Timing and location of things done electronically
(1)
The Secretary of State may by regulations make provision specifying, for the
purposes of any of Parts 1 to 4 or this Part, the manner of determining—
(a)
the times at which things done under any of Parts 1 to 4 or this Part by
means of electronic communications networks are done;
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(b)
the places at which things done under any of Parts 1 to 4 or this Part by
means of such networks are done; and
(c)
the places at which things transmitted by means of such networks are
received.
(2)
The Secretary of State may by regulations make provision about the manner of
10
proving in any legal proceedings—
(a)
that something done by means of an electronic communications
network satisfies any requirements of any of Parts 1 to 4 or this Part for
the doing of that thing; and
(b)
the matters mentioned in subsection (1)(a) to (c).
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(3)
Regulations under this section may provide for such presumptions to apply
(whether conclusive or not) as the Secretary of State considers appropriate.
(4)
In this section “electronic communications network” has the meaning given by
section 32 of the Communications Act 2003 (c.21).
208
Proof of designations
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(1)
This subsection applies in respect of a copy of—
(a)
a designation under section 55 (designation of an area as subject to
additional licensing), or
(b)
a designation under section 77 (designation of an area as subject to
selective licensing),
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which purports to be made by a local housing authority.
(2)
A certificate endorsed on such a copy and purporting to be signed by the
proper officer of the authority stating the matters set out in subsection (3) is
prima facie evidence of the facts so stated without proof of the handwriting or
official position of the person by whom it purports to be signed.
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(3)
Those matters are—
(a)
that the designation was made by the authority,
(b)
that the copy is a true copy of the designation, and
(c)
that the designation did not require confirmation by the confirming
authority, or that on a specified date the designation was confirmed by
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the confirming authority.
Other supplementary provisions
209
Orders and regulations
(1)
Any power of the Secretary of State or the National Assembly for Wales to
make an order or regulations under this Act is exercisable by statutory
40
instrument.
(2)
Any power of the Secretary of State or the National Assembly for Wales to
make an order or regulations under this Act—

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(a)
may be exercised so as to make different provision for different cases or
descriptions of case or different purposes or areas; and
(b)
includes power to make such incidental, supplementary,
consequential, transitory, transitional or saving provision as the
Secretary of State or (as the case may be) the National Assembly for
5
Wales considers appropriate.
(3)
The Secretary of State must consult the National Assembly for Wales before
making any regulations under Part 5 which relate to residential properties in
Wales.
(4)
Subject to subsections (5) and (6), any order or regulations made by the
10
Secretary of State under this Act are to be subject to annulment in pursuance of
a resolution of either House of Parliament.
(5)
Subsection (4) does not apply to—
(a)
an order made under section 226, or
(b)
an order made under section 54(3) where a draft of the order has been
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laid before, and approved by a resolution of, each House of Parliament,
or
(c)
regulations made under section 60(5) or 96(5) where a draft of the
regulations has been laid before, and approved by a resolution of, each
House of Parliament.
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(6)
The Secretary of State may not make—
(a)
any regulations under section 213(3) or Schedule 4,
(b)
an order under section 77(5), or
(c)
an order under section 190(3) or 221(2) which modifies any provision of
an Act,
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unless a draft of the regulations or order has been laid before, and approved by
a resolution of, each House of Parliament.
210
Offences by bodies corporate
(1)
Where an offence under this Act committed by a body corporate is proved to
have been committed with the consent or connivance of, or to be attributable
30
to any neglect on the part of—
(a)
a director, manager, secretary or other similar officer of the body
corporate, or
(b)
a person purporting to act in such a capacity,

he as well as the body corporate commits the offence and is liable to be
35
proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection with
his functions of management as if he were a director of the body corporate.
211
Power to up-rate level of fines for certain offences
40
(1)
Subsection (2) applies if the Secretary of State considers that there has been a
change in the value of money since the relevant date.
(2)
The Secretary of State may by order substitute for the sum or sums for the time
being specified in any provision mentioned in subsection (3) such other sum or
sums as he considers to be justified by the change.
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(3)
The provisions are—
(a)
section 31(2)(b);
(b)
section 34(6);
(c)
section 71(6); and
(d)
section 92(5).
5
(4)
In subsection (1) “the relevant date” means—
(a)
the date of the passing of this Act; or
(b)
where the sums specified in a provision mentioned in subsection (3)
have been substituted by an order under subsection (2), the date of that
order.
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(5)
Nothing in an order under subsection (2) affects the punishment for an offence
committed before the order comes into force.
212
Local inquiries
The appropriate national authority may, for the purposes of the execution of
any of the authority’s functions under this Act, cause such local inquiries to be
15
held as the authority considers appropriate.
Meaning of "house in multiple occupation"
213
Meaning of “house in multiple occupation”
(1)
For the purposes of this Act a building or a part of a building is a “house in
multiple occupation” if—
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(a)
it is a house, hostel, self-contained flat or other relevant building (see
sections 214 and 215),
(b)
it is occupied by persons who do not form a single household (see
section 216) and their occupation constitutes its only or main use,
(c)
it is occupied by those persons as their only or main residence or they
25
are to be treated as so occupying it (see section 217),
(d)
rents or other amounts are payable to an owner or lessee of it (or a
person acting on his behalf) in respect of those persons’ occupation of
it, and
(e)
either of the following applies—
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(i)
it is occupied by two or more households who share one or
more basic amenities;
(ii)
it is a converted building and is occupied by two or more
households who are not sharing such amenities but are
occupying living accommodation not consisting of self-
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contained flats.

Paragraphs (d) and (e) are not applicable in the case of a converted block of
flats to which section 215 applies.
(2)
But for any purposes of this Act (other than those of Part 1) a building or part
of a building within subsection (1) is not a house in multiple occupation if it is
40
listed in Schedule 11.
(3)
The appropriate national authority may by regulations—
(a)
make such amendments of this section and sections 214 to 217 as the
authority considers appropriate with a view to securing that any

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building or part of a building of a description specified in the
regulations is or is not to be a house in multiple occupation for any
specified purposes of this Act;
(b)
make such consequential amendments of any provision of this Act, or
any other enactment, as the authority considers appropriate.
5
(4)
Regulations under subsection (3) may frame any description by reference to
any matters or circumstances whatever.
(5)
In this section—

“basic amenities” means—
(a)
a toilet,
10
(b)
personal washing facilities, or
(c)
cooking facilities;

“converted building” means a house, hostel, self-contained flat or other
relevant building which, having regard to the layout of the living
accommodation contained in it, is not being used for the purpose for
15
which it was constructed;

“enactment” includes an enactment comprised in subordinate legislation
(within the meaning of the Interpretation Act 1978 (c. 30);

“self-contained flat” has the same meaning as in clause 214.
214
HMOs: houses and other relevant buildings
20
(1)
This section sets out what are relevant buildings for the purposes of section
213(1).
(2)
Each of the following is a relevant building—
(a)
a house (see subsection (3)),
(b)
a hostel (see subsections (4) and (5)),
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(c)
a self-contained flat (see subsection (6)),
(d)
a converted block of flats to which section 215 applies, and
(e)
any building or part of a building of a description specified for the
purposes of this section in regulations made by the appropriate
national authority.
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(3)
For the purposes of this section—
(a)
where a building is divided horizontally, the flats or other units into
which it is divided are not houses;
(b)
where a building is divided vertically, the units into which it is divided
may be houses;
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(c)
where a building is not structurally detached, it is not a house if a
material part of it lies above or below the remainder of the structure;
and
(d)
where a building or a part of a building contains self-contained flats it
may be a house if it also contains some other living accommodation.
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(4)
For the purposes of this section “hostel” includes—
(a)
any building or part of a building that operates as a hostel (whatever
the name by which it is called), and
(b)
a women’s refuge,

and may include a house, or a building or part of a building which contains
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self-contained flats if it also contains some other living accommodation.

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(5)
In subsection (4) “women’s refuge” means a building or part of a building
managed by a voluntary organisation and used wholly or mainly for the
temporary accommodation of persons who have left their homes as a result
of—
(a)
physical violence or mental abuse, or
5
(b)
threats of such violence or abuse,

from persons to whom they are or were married or with whom they are or were
co-habiting.
(6)
For the purposes of this section a “self-contained flat” means a separate set of
premises (whether or not on the same floor)—
10
(a)
which forms part of a building;
(b)
either the whole or a material part of which lies above or below some
other part of the building; and
(c)
in which all three basic amenities are available for the exclusive use of
its occupants.
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(7)
In this section “basic amenities” has the same meaning as in section 213.
215
HMOs: certain converted blocks of flats
(1)
For the purposes of this section a “converted block of flats” means a building
or part of a building which—
(a)
has been converted into, and
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(b)
consists of,

self-contained flats.
(2)
This section applies to a converted block of flats if—
(a)
building work undertaken in connection with the conversion did not
comply with the appropriate building standards and still does not
25
comply with them; and
(b)
less than two-thirds of the self-contained flats are owner-occupied.
(3)
In subsection (2) “appropriate building standards” means—
(a)
in the case of a converted block of flats—
(i)
on which building work was completed before 1st June 1992 or
30
which is dealt with by regulation 20 of the Building Regulations
1991 (S.I. 1991/2768), and
(ii)
which would not have been exempt under those Regulations,

building standards equivalent to those imposed, in relation to a
building or part of a building to which those Regulations applied, by
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those Regulations as they had effect on 1st June 1992; and
(b)
in the case of any other converted block of flats, the requirements
imposed at the time in relation to it by regulations under section 1 of the
Building Act 1984 (c. 55).
(4)
For the purposes of subsection (2) a flat is “owner-occupied” if is is occupied—
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(a)
by a person who has a lease of the flat which has been granted for a
term of more than 21 years,
(b)
by a person who has the freehold estate in the converted block of flats,
or
(c)
by a member of the household of a person within paragraph (a) or (b).
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