Housing Bill

House of Commons

Session 2003 - 04
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Housing Bill

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 1 — Procedure relating to making of management orders
190

Schedule 6
Section 115

Management orders: procedure and appeals
Part 1
Procedure relating to making of management orders
Requirements before making final management order
5
1
Before making a final management order, the local housing authority
must—
(a)
serve a copy of the proposed order, together with a notice under this
paragraph, on each relevant person; and
(b)
consider any representations made in accordance with the notice and
10
not withdrawn.
2
The notice under paragraph 1 must state that the authority are proposing to
make a final management order and set out—
(a)
the reasons for making the order;
(b)
the main terms of the proposed order (including those of the
15
management scheme to be contained in it); and
(c)
the end of the consultation period.
3     (1)
This paragraph applies if, having considered representations made in
accordance with a notice under paragraph 1 or this paragraph, the local
housing authority propose to make a final management order with
20
modifications.
      (2)
Before making the order, the authority must—
(a)
serve a notice under this paragraph on each relevant person; and
(b)
consider any representations made in accordance with the notice and
not withdrawn.
25
4
The notice under paragraph 3 must set out—
(a)
the proposed modifications;
(b)
the reasons for them; and
(c)
the end of the consultation period.
Exceptions from requirements relating to making of final management order
30
5
The requirements of paragraph 3 (and those of paragraph 1) do not apply if
the local housing authority—
(a)
have already served notice under paragraph 1 but not paragraph 3 in
relation to the proposed final management order; and
(b)
consider that the modifications which are now being proposed are
35
not material in any respect.
6
The requirements of paragraph 3 (and those of paragraph 1) do not apply if
the local housing authority—
(a)
have already served notices under paragraphs 1 and 3 in relation to
the matter concerned; and
40
(b)
consider that the further modifications which are now being
proposed do not differ in any material respect from the

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 1 — Procedure relating to making of management orders
191

modifications in relation to which a notice was last served under
paragraph 3.
Requirements following making of interim or final management order
7     (1)
This paragraph applies where the local housing authority make an interim
management order or a final management order.
5
      (2)
As soon as practicable after the order is made, the authority must serve on
the occupiers of the house—
(a)
a copy of the order, and
(b)
a notice under this sub-paragraph.
      (3)
Those documents are to be regarded as having been served on the occupiers
10
if they are fixed to a conspicuous part of the house.
      (4)
The notice under sub-paragraph (2) must set out—
(a)
the reasons for making the order and the date on which it was made,
and
(b)
the general effect of the order,
15

and (if it is a final management order) give a general description of the way
in which the house is to be managed by the authority in accordance with the
management scheme contained in the order.
      (5)
The authority must also serve a copy of the order, together with a notice
under this sub-paragraph, on each relevant person.
20
      (6)
The notice under sub-paragraph (5) must comply with sub-paragraph (4)
and also contain information about—
(a)
the right of appeal against the order under Part 3 of this Schedule,
and
(b)
the period within which an appeal may be made (see paragraph
25
25(2)).
      (7)
The documents required to be served on each relevant person under sub-
paragraph (5) must be served within the period of seven days beginning
with the day on which the order is made.
Meaning of “the end of the consultation period” and “relevant person”
30
8     (1)
In this Part of this Schedule “the end of the consultation period” means the
last day for making representations in respect of the matter in question.
      (2)
The end of the consultation period must be—
(a)
in the case of a notice under paragraph 1, a day which is at least 14
days after the date of service of the notice; and
35
(b)
in the case of a notice under paragraph 3, a day which is at least 7
days after the date of service of the notice.
      (3)
In sub-paragraph (2) “the date of service” of a notice means, in a case where
more than one notice is served, the date on which the last of the notices is
served.
40
      (4)
In this Part of this Schedule “relevant person” means any person who, to the
knowledge of the local housing authority, is—
(a)
a person having an estate or interest in the house or part of it (but
who is not a tenant under a lease with an unexpired term of 3 years
or less), or
45

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 2 — Procedure relating to variation or revocation of management orders
192

(b)
any other person who (but for the order) would be a person
managing or having control of the house or part of it.
Part 2
Procedure relating to variation or revocation of management orders
Variation of management orders
5
9
Before varying an interim or final management order, the local housing
authority must—
(a)
serve a notice under this paragraph on each relevant person, and
(b)
consider any representations made in accordance with the notice and
not withdrawn.
10
10
The notice under paragraph 9 must state that the authority are proposing to
make the variation and specify—
(a)
the effect of the variation,
(b)
the reasons for the variation, and
(c)
the end of the consultation period.
15
11    (1)
This paragraph applies where the local housing authority decide to vary an
interim or final management order.
      (2)
The local housing authority must serve on each relevant person—
(a)
a copy of the authority’s decision to vary the order, and
(b)
a notice setting out—
20
(i)
the reasons for the decision and the date on which it was
made,
(ii)
the right of appeal against the decision under Part 3 of this
Schedule, and
(iii)
the period within which an appeal may be made (see
25
paragraph 29(2)).
      (3)
The documents required to be served on each relevant person under sub-
paragraph (2) must be served within the period of seven days beginning
with the day on which the decision is made.
Exceptions from requirements of paragraph 9
30
12
The requirements of paragraph 9 do not apply if the local housing authority
consider that the variation is not material.
13
The requirements of paragraph 9 do not apply if the local housing
authority—
(a)
have already served a notice under that paragraph in relation to a
35
proposed variation; and
(b)
consider that the variation which is now being proposed is not
materially different from the previous proposed variation.
Refusal to vary interim or final management order
14
Before refusing to vary an interim or final management order, the local
40
housing authority must—
(a)
serve a notice under this paragraph on each relevant person, and

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 2 — Procedure relating to variation or revocation of management orders
193

(b)
consider any representations made in accordance with the notice and
not withdrawn.
15
The notice under paragraph 14 must state that the authority are proposing
to refuse to make the variation and set out—
(a)
the reasons for refusing to make the variation, and
5
(b)
the end of the consultation period.
16    (1)
This paragraph applies where the local housing authority refuse to vary an
interim or final management order.
      (2)
The authority must serve on each relevant person a notice setting out—
(a)
the authority’s decision not to vary the order;
10
(b)
the reasons for the decision and the date on which it was made;
(c)
the right of appeal against the decision under Part 3 of this Schedule;
and
(d)
the period within which an appeal may be made (see paragraph
29(2)).
15
      (3)
The notices required to be served on each relevant person under sub-
paragraph (2) must be served within the period of seven days beginning
with the day on which the decision is made.
Revocation of management orders
17
Before revoking an interim or final management order, the local housing
20
authority must—
(a)
serve a notice under this paragraph on each relevant person, and
(b)
consider any representations made in accordance with the notice and
not withdrawn.
18
The notice under paragraph 17 must state that the authority are proposing
25
to revoke the order and specify—
(a)
the reasons for the revocation, and
(b)
the end of the consultation period.
19    (1)
This paragraph applies where the local housing authority decide to revoke
an interim or final management order.
30
      (2)
The authority must serve on each relevant person—
(a)
a copy of the authority’s decision to revoke the order; and
(b)
a notice setting out—
(i)
the reasons for the decision and the date on which it was
made;
35
(ii)
the right of appeal against the decision under Part 3 of this
Schedule; and
(iii)
the period within which an appeal may be made (see
paragraph 29(2)).
      (3)
The documents required to be served on each relevant person under sub-
40
paragraph (2) must be served within the period of seven days beginning
with the day on which the decision is made.
Refusal to revoke management order
20
Before refusing to revoke an interim or final management order, the local
housing authority must—
45

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders
194

(a)
serve a notice under this paragraph on each relevant person; and
(b)
consider any representations made in accordance with the notice and
not withdrawn.
21
The notice under paragraph 20 must state that the authority are proposing
to refuse to revoke the order and set out—
5
(a)
the reasons for refusing to revoke the order, and
(b)
the end of the consultation period.
22    (1)
This paragraph applies where the local housing authority refuse to revoke
an interim or final management order.
      (2)
The authority must serve on each relevant person a notice setting out—
10
(a)
the authority’s decision not to revoke the order;
(b)
the reasons for the decision and the date on which it was made;
(c)
the right of appeal against the decision under Part 3 of this Schedule;
and
(d)
the period within which an appeal may be made (see paragraph
15
29(2)).
      (3)
The notices required to be served on each relevant person under sub-
paragraph (2) must be served within the period of seven days beginning
with the day on which the decision is made.
Meaning of “the end of the consultation period” and “relevant person”
20
23    (1)
In this Part of this Schedule “the end of the consultation period” means the
last day for making representations in respect of the matter in question.
      (2)
The end of the consultation period must be a day which is at least 14 days
after the date of service of the notice.
      (3)
In sub-paragraph (2) “the date of service” of a notice means, in a case where
25
more than one notice is served, the date on which the last of the notices is
served.
      (4)
In this Part of this Schedule “relevant person” means any person who, to the
knowledge of the local housing authority, is—
(a)
a person having an estate or interest in the house or part of it (but
30
who is not a tenant under a lease with an unexpired term of 3 years
or less), or
(b)
any other person who (but for the order) would be a person
managing or having control of the house or part of it.
Part 3
35
Appeals against decisions relating to management orders
Right to appeal against making of order etc.
24    (1)
A relevant person may appeal to a residential property tribunal against—
(a)
a decision of the local housing authority to make an interim or final
management order, or
40
(b)
the terms of such an order (including, if it is a final management
order, those of the management scheme contained in it).
      (2)
This does not apply to an interim management order made under section
97(4) or (7) or in accordance with a direction given under paragraph 26(5).

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders
195

      (3)
If no appeal is brought against an interim or final management order under
this paragraph within the time allowed by paragraph 25 for making such an
appeal, the order is final and conclusive as to the matters which could have
been raised on appeal.
Time limits for appeals under paragraph 24
5
25    (1)
This paragraph applies in relation to an appeal under paragraph 24 in
respect of an interim or final management order.
      (2)
Any such appeal may be made within the period of 28 days beginning with
the date specified in the notice under paragraph 7(2) as the date on which the
order was made.
10
      (3)
A residential property tribunal may allow an appeal to be made to it after the
end of the period mentioned in sub-paragraph (2) if it is satisfied that there
is a good reason for the failure to appeal before the end of that period (and
for any delay since then in applying for permission to appeal out of time).
Powers of residential property tribunal on appeal under paragraph 24
15
26    (1)
This paragraph applies to an appeal to a residential property tribunal under
paragraph 24 in respect of an interim or final management order.
      (2)
The appeal—
(a)
is to be by way of a re-hearing, but
(b)
may be determined having regard to matters of which the authority
20
were unaware.
      (3)
The tribunal may confirm or vary the order or revoke it —
(a)
(in the case of an interim management order) as from a date specified
in the tribunal’s order, or
(b)
(in the case of a final management order) as from the date of the
25
tribunal’s order.
      (4)
If —
(a)
the tribunal revokes an interim or final management order,
(b)
it appears to the tribunal that, on the revocation of the order, the
house will be required to be licensed under Part 2 or 3 of this Act, and
30
(c)
the tribunal does not give a direction under sub-paragraph (5) or (6),

the tribunal must direct the local housing authority to grant such a licence to
such person and on such terms as the tribunal may direct.
      (5)
If the tribunal revokes a final management order, the tribunal may direct the
local housing authority to make an interim management order in respect of
35
the house or part of it on such terms as the tribunal may direct.

This applies despite section 97(9).
      (6)
If the tribunal revokes a final management order, the tribunal may direct the
local housing authority to serve a temporary exemption notice under section
61 or 83 in respect of the house that comes into force on such date as the
40
tribunal directs.
      (7)
The revocation of an interim management order by the tribunal does not
affect the validity of anything previously done in pursuance of the order.

Housing Bill
Schedule 6 — Management orders: procedure and appeals
Part 3 — Appeals against decisions relating to management orders
196

“The operative time” for the purposes of section 108(2)
27    (1)
This paragraph defines “the operative time” for the purposes of section
108(2).
      (2)
If no appeal is made under paragraph 24 before the end of the period of 28
days mentioned in paragraph 25(2), “the operative time” is the end of that
5
period.
      (3)
If an appeal is made under paragraph 24 before the end of that period, and
a decision is given on the appeal which confirms the order, “the operative
time” is as follows—
(a)
if the period within which an appeal to the Lands Tribunal may be
10
brought expires without such an appeal having been brought, “the
operative time” is the end of that period;
(b)
if an appeal to the Lands Tribunal is brought, “the operative time” is
the time when a decision is given on the appeal which confirms the
order.
15
      (4)
For the purposes of sub-paragraph (3)—
(a)
the withdrawal of an appeal has the same effect as a decision which
confirms the order, and
(b)
references to a decision which confirms the order are to a decision
which confirms it with or without variation.
20
Right to appeal against decision or refusal to vary or revoke interim management order
28
A relevant person may appeal to a residential property tribunal against—
(a)
a decision of a local housing authority to vary or revoke an interim
or final management order, or
(b)
a refusal of a local housing authority to vary or revoke an interim or
25
final management order.
Time limits for appeals under paragraph 28
29    (1)
This paragraph applies in relation to an appeal under paragraph 28 against
a decision to vary or revoke, or (as the case may be) to refuse to vary or
revoke, an interim or final management order.
30
      (2)
Any such appeal must be made before the end of the period of 28 days
beginning with the date specified in the notice under paragraph 11, 16, 19 or
22 as the date on which the decision concerned was made.
      (3)
A residential property tribunal may allow an appeal to be made to it after the
end of the period mentioned in sub-paragraph (2) if it is satisfied that there
35
is a good reason for the failure to appeal before the end of that period (and
for any delay since then in applying for permission to appeal out of time).
Powers of residential property tribunal on appeal under paragraph 28
30    (1)
This paragraph applies to an appeal to a residential property tribunal under
paragraph 28 against a decision to vary or revoke, or (as the case may be) to
40
refuse to vary or revoke, an interim or final management order.
      (2)
Paragraph 26(2) applies to such an appeal as it applies to an appeal under
paragraph 24.