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Housing Bill


Housing Bill
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

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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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Housing Bill
Part 7 — Supplementary and final provisions

153

 

   

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;

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“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

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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

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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

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authority are, by virtue of any provision of Parts 1 to 4 or this Part,

under a duty to serve on any person.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

154

 

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

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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—

 

 

Housing Bill
Part 7 — Supplementary and final provisions

155

 

(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

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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

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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

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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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Housing Bill
Part 7 — Supplementary and final provisions

156

 

(3)   

The provisions are—

(a)   

section 31(2)(b);

(b)   

section 34(6);

(c)   

section 71(6); and

(d)   

section 92(5).

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(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

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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

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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

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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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Part 7 — Supplementary and final provisions

157

 

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.

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(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,

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(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

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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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Part 7 — Supplementary and final provisions

158

 

(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

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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

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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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