|
| |
|
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 |
| |
| |
| |
(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 |
| 20 |
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 |
| 25 |
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 |
| 30 |
| |
(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 |
| |
| 35 |
(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. |
| 40 |
(6) | Where under any provision of Parts 1 to 4 or this Part a document is to be |
| |
| |
(a) | the person having control of premises, |
| |
(b) | the person managing premises, or |
| |
(c) | the owner of premises, |
| 45 |
|
| |
|
| |
|
| 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). |
| |
| |
| “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 |
| |
| |
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 |
| |
| |
(b) | may be a general indication or one that is limited to documents of a |
| |
| 30 |
(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 |
| |
| |
(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. |
| 35 |
(5) | In this section any reference to serving includes a reference to similar |
| |
expressions (such as giving or sending). |
| |
| |
| “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. |
| |
|
| |
|
| |
|
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; |
| 5 |
(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 |
| |
| |
(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). |
| 15 |
(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 |
| 20 |
(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 |
| |
| 25 |
| 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. |
| 30 |
| |
(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 |
| 35 |
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 |
| |
(2) | Any power of the Secretary of State or the National Assembly for Wales to |
| |
make an order or regulations under this Act— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| 15 |
laid before, and approved by a resolution of, each House of Parliament, |
| |
| |
(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 |
| |
| 20 |
(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 |
| |
| 25 |
| 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 |
| |
| |
(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. |
| 45 |
|
| |
|
| |
|
| |
| |
| |
| |
| 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 |
| |
| 10 |
(5) | Nothing in an order under subsection (2) affects the punishment for an offence |
| |
committed before the order comes into force. |
| |
| |
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 |
| |
| 20 |
(a) | it is a house, hostel, self-contained flat or other relevant building (see |
| |
| |
(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 |
| |
| |
(e) | either of the following applies— |
| 30 |
(i) | it is occupied by two or more households who share one or |
| |
| |
(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- |
| 35 |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
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. |
| |
| |
| |
| 10 |
(b) | personal washing facilities, or |
| |
| |
| “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 |
| |
| |
(2) | Each of the following is a relevant building— |
| |
(a) | a house (see subsection (3)), |
| |
(b) | a hostel (see subsections (4) and (5)), |
| 25 |
(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 |
| |
| 30 |
(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 |
| |
| 35 |
(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; |
| |
| |
(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. |
| 40 |
(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 |
| |
| |
| and may include a house, or a building or part of a building which contains |
| 45 |
self-contained flats if it also contains some other living accommodation. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 15 |
(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 |
| 20 |
| |
| |
(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 |
| |
(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 |
| 35 |
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— |
| 40 |
(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, |
| |
| |
(c) | by a member of the household of a person within paragraph (a) or (b). |
| 45 |
|
| |
|