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Housing Bill


Housing Bill
Schedule 7 — Penalty charge notices under section 147

197

 

      (3)  

The tribunal may confirm, reverse or vary the decision of the local housing

authority.

      (4)  

If the appeal is against a decision of the authority to refuse to revoke the

order, the tribunal may make an order revoking the order as from a date

specified in its order.

5

“The operative time” for the purposes of section 105(2), 106(2), 113(2) or 114(2)

31    (1)  

This paragraph defines “the operative time” for the purposes of—

(a)   

section 105(2) or 106(2) (variation or revocation of interim

management order, or

(b)   

section 113(2) or 114(2) (variation or revocation of final management

10

order.

      (2)  

If no appeal is made under paragraph 28 before the end of the period of 28

days mentioned in paragraph 29(2), “the operative time” is the end of that

period.

      (3)  

If an appeal is made under paragraph 28 within that period, and a decision

15

is given on the appeal which confirms the variation or revocation, “the

operative time” is as follows—

(a)   

if the period within which an appeal to the Lands Tribunal may be

brought expires without such an appeal having been brought, “the

operative time” is the end of that period;

20

(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

variation or revocation.

      (4)  

For the purposes of sub-paragraph (3)—

(a)   

the withdrawal of an appeal has the same effect as a decision which

25

confirms the variation or revocation appealed against; and

(b)   

references to a decision which confirms a variation are to a decision

which confirms it with or without variation.

Meaning of “relevant person”

32         

In this Part of this Schedule “relevant person” means—

30

(a)   

any person who has an estate or interest in the house or part of it (but

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.

35

Schedule 7

Section 147

 

Penalty charge notices under section 147

1          

A penalty charge notice given to a person under section 147 by an officer of

an enforcement authority must—

(a)   

state the officer’s belief that that person has committed a breach of

40

duty;

(b)   

give such particulars of the circumstances as may be necessary to

give reasonable notice of the breach of duty;

 

 

Housing Bill
Schedule 7 — Penalty charge notices under section 147

198

 

(c)   

require that person, within a period specified in the notice—

(i)   

to pay a penalty charge specified in the notice; or

(ii)   

to give notice to the enforcement authority that he wishes the

authority to review the notice;

(d)   

state the effect of paragraph 8;

5

(e)   

specify the person to whom and the address at which the penalty

charge may be paid and the method or methods by which payment

may be made; and

(f)   

specify the person to whom and the address at which a notice

requesting a review may be sent (and to which any representations

10

relating to the review may be addressed).

2          

The penalty charge specified in the notice shall be of such amount as may be

prescribed for the time being by regulations made by the Secretary of State.

3     (1)  

The period specified under paragraph 1(c) must not be less than 28 days

beginning with the day after that on which the penalty charge notice was

15

given.

      (2)  

The enforcement authority may extend the period for complying with the

requirement mentioned in paragraph 1(c) in any particular case if they

consider it appropriate to do so.

4          

The enforcement authority may, if they consider that the penalty charge

20

notice ought not to have been given, give the recipient a notice withdrawing

the penalty charge notice.

5     (1)  

If, within the period specified under paragraph 1(c) (or that period as

extended under paragraph 3(2)), the recipient of the penalty charge notice

gives notice to the enforcement authority requesting a review, the authority

25

shall—

(a)   

consider any representations made by the recipient and all other

circumstances of the case;

(b)   

decide whether to confirm or withdraw the notice; and

(c)   

give notice of their decision to the recipient.

30

      (2)  

A notice under sub-paragraph (1)(c) confirming the penalty charge notice

must also state the effect of paragraphs 6(1) to (3) and 8(1) and (3).

      (3)  

If the authority are not satisfied—

(a)   

that the recipient committed the breach of duty specified in the

notice;

35

(b)   

that the notice was given within the time allowed by section 147(2)

and complies with the other requirements imposed by or under this

Schedule; and

(c)   

that in the circumstances of the case it was appropriate for a penalty

charge notice to be given to the recipient,

40

           

they shall withdraw the penalty charge notice.

6     (1)  

If after a review the penalty charge notice is confirmed by the enforcement

authority, the recipient may, within the period of 28 days beginning with the

day after that on which the notice under paragraph 5(1)(c) is given, appeal

to the county court against the penalty charge notice.

45

      (2)  

The county court may extend the period for appealing against the notice.

      (3)  

Such an appeal must be on one (or more) of the following grounds—

 

 

Housing Bill
Schedule 7 — Penalty charge notices under section 147

199

 

(a)   

that the recipient did not commit the breach of duty specified in the

penalty charge notice;

(b)   

that the notice was not given within the time allowed by section

147(2) or does not comply with any other requirement imposed by or

under this Schedule; or

5

(c)   

that in the circumstances of the case it was inappropriate for the

notice to be given to the recipient.

      (4)  

An appeal against a penalty charge notice shall be by way of a rehearing; and

the court shall either uphold the notice or quash it.

7          

If the penalty charge notice is withdrawn or quashed, the authority shall

10

repay any amount previously paid as a penalty charge in pursuance of the

notice.

8     (1)  

The amount of the penalty charge is recoverable from the recipient of the

penalty charge notice as a debt owed to the authority unless—

(a)   

the notice has been withdrawn or quashed, or

15

(b)   

the charge has been paid.

      (2)  

Proceedings for the recovery of the penalty charge may not be commenced

before the end of the period mentioned in paragraph 5(1).

      (3)  

And if within that period the recipient of the penalty charge notice gives

notice to the authority that he wishes the authority to review the penalty

20

charge notice, such proceedings may not be commenced—

(a)   

before the end of the period mentioned in paragraph 6(1), and

(b)   

where the recipient appeals against the penalty charge notice, before

the end of the period of 28 days beginning with the day on which the

appeal is withdrawn or determined.

25

9          

In proceedings for the recovery of the penalty charge, a certificate which—

(a)   

purports to be signed by or on behalf of the person having

responsibility for the financial affairs of the enforcement authority;

and

(b)   

states that payment of the penalty charge was or was not received by

30

a date specified in the certificate;

           

is evidence of the facts stated.

10    (1)  

A penalty charge notice and any other notice mentioned in this Schedule

may be given by post.

      (2)  

Any such notice may be given—

35

(a)   

in the case of a body corporate, to the secretary or clerk of that body;

and

(b)   

in the case of a partnership, to any partner or to a person having

control or management of the partnership business.

11         

The Secretary of State may by regulations make provision supplementary or

40

incidental to the preceding provisions of this Part, including in particular

provision prescribing—

(a)   

the form of penalty charge notices or any other notice mentioned in

this Schedule;

(b)   

circumstances in which penalty charge notices may not be given;

45

(c)   

the method or methods by which penalty charges may be paid.

 

 

Housing Bill
Schedule 8 — Registered social landlords

200

 

Schedule 8

Section 184

 

Registered social landlords

Housing Associations Act 1985 (c. 69)

1          

In section 87 of the Housing Associations Act 1985 (financial assistance with

respect to formation, management, etc. of certain housing associations)

5

omit—

(a)   

in subsection (3), the words from “, acting” onwards, and

(b)   

subsection (6).

Housing Act 1988 (c. 50)

2          

The Housing Act 1988 is amended as follows.

10

3          

In section 50(2) (housing association grants) omit the words from “, acting”

onwards.

4          

In section 52(2) (recovery etc. of grants) omit the words from “, acting” to

“determine,”.

5          

Omit section 55 (surplus rental income).

15

6          

In section 59(1A) (interpretation) for “55” substitute “54”.

Housing Act 1996 (c.52)

7          

The Housing Act 1996 is amended as follows.

8          

In section 18(2) (social housing grants) omit the words from “, acting” to

“determine,”.

20

9          

In section 20(3) (purchase grant where right to acquire exercised) omit the

words from “, acting” to “determine,”.

10         

In section 21(3) (purchase grant in respect of other disposals) omit the words

from “, acting” to “determine,”.

11         

In section 28 (grants under ss 50 to 55 of the Housing Act 1988), in the

25

sidenote and in subsection (6), for “55” substitute “54”.

12    (1)  

In section 31(2) (offence of intentionally altering etc. document required to

be produced under section 30), for paragraph (b) substitute—

“(b)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine, or both.”

30

      (2)  

The amendment made by sub-paragraph (1) does not apply in relation to

any offence committed before the day on which that sub-paragraph comes

into force.

13    (1)  

Section 36 (issue of guidance by the Relevant Authority) is amended as

follows.

35

      (2)  

In subsection (2) (particular matters with respect to which guidance may be

issued under the section) for “this section” substitute “subsection (1)”.

      (3)  

After subsection (2) insert—

“(2A)   

The Relevant Authority may also issue guidance with respect to—

 

 

Housing Bill
Schedule 8 — Registered social landlords

201

 

(a)   

the governance of bodies that are registered social landlords;

(b)   

the effective management of such bodies;

(c)   

establishing and maintaining the financial viability of such

bodies.”

      (4)  

In subsection (7) (guidance relevant to whether there has been

5

mismanagement) after “there has been” insert “misconduct or”.

14         

In paragraph 1(2) of Schedule 1 (payments by way of gift, dividend or

bonus) after paragraph (b) insert—

“(c)   

the payment of a sum, in accordance with the constitution

or rules of the body, to a registered social landlord which

10

is a subsidiary or associate of the body.”

15    (1)  

Paragraph 15 of Schedule 1 (transfer of net assets on dissolution or winding

up) is amended as follows.

      (2)  

In sub-paragraph (1)(b), after “1985” insert “(including such a company

which is also a registered charity)”.

15

      (3)  

At the end of sub-paragraph (4) insert—

           

“And in such a case any registered social landlord specified in a

direction under sub-paragraph (2) must be one to which

paragraphs (a) and (b) above apply.”

16         

After paragraph 15 insert—

20

“Transfer of net assets on termination of charity not within paragraph 15(1)

15A   (1)  

The Secretary of State may by regulations provide for any

provisions of paragraph 15(2) to (6) to apply in relation to a

registered social landlord within sub-paragraph (2)—

(a)   

in such circumstances, and

25

(b)   

with such modifications,

           

as may be specified in the regulations.

      (2)  

A registered social landlord is within this sub-paragraph if—

(a)   

it is a registered charity, and

(b)   

it does not fall within sub-paragraph (1) of paragraph 15.

30

      (3)  

Regulations under this paragraph may in particular provide that

any provision of the regulations requiring the transfer of any

property of the charity is to have effect notwithstanding—

(a)   

anything in the terms of its trusts, or

(b)   

any resolution, order or other thing done for the purposes

35

of, or in connection with, the termination of the charity in

any manner specified in the regulations.

      (4)  

Any regulations under this paragraph shall be made by statutory

instrument which shall be subject to annulment in pursuance of a

resolution of either House of Parliament.”

40

17    (1)  

Paragraph 16 of Schedule 1 (general requirements as to accounts and audit)

is amended as follows.

      (2)  

Omit sub-paragraph (4) (auditor’s report to state whether accounts comply

with paragraph 16).

 

 

Housing Bill
Schedule 8 — Registered social landlords

202

 

      (3)  

For sub-paragraph (5) substitute—

     “(5)  

Every registered social landlord shall furnish to the Relevant

Authority—

(a)   

a copy of its accounts, and

(b)   

(subject to sub-paragraph (7)) a copy of the auditor’s

5

report in respect of them,

           

within six months of the end of the period to which they relate.

      (6)  

The auditor’s report shall state, in addition to any other matters

which it is required to state, whether in the auditor’s opinion the

accounts comply with the requirements laid down under this

10

paragraph.

      (7)  

The provisions of sub-paragraphs (5)(b) and (6) do not apply

where, by virtue of any enactment—

(a)   

any accounts of a registered social landlord are not

required to be audited, and

15

(b)   

instead a report is required to be prepared in respect of

them by a person appointed for the purpose (“the

reporting accountant”),

           

and sub-paragraph (8) shall apply in place of those provisions.

      (8)  

In such a case—

20

(a)   

the registered social landlord shall furnish to the Relevant

Authority a copy of the reporting accountant’s report in

respect of the accounts within six months of the end of the

period to which they relate; and

(b)   

that report shall state, in addition to any other matters

25

which it is required to state, whether in the reporting

accountant’s opinion the accounts comply with the

requirements laid down under this paragraph.”

18         

After paragraph 16 of Schedule 1 insert—

“Companies exempt from audit requirements: accountant’s report

30

16A   (1)  

This paragraph applies to registered social landlords which are

companies registered under the Companies Act 1985 (“RSL

companies”).

      (2)  

In section 249A of the Companies Act 1985 (exemptions from

audit)—

35

(a)   

subsection (2) shall apply in relation to an RSL company

which meets the total exemption conditions in respect of a

financial year (whether it is a charity or not), and

(b)   

that subsection shall apply in relation to such a company

in the same way as it applies in relation to an RSL company

40

which is a charity and meets the report conditions in

relation to a financial year; and

(c)   

subsection (1) accordingly does not have effect in relation

to an RSL company.

     (3)   

In section 249C of that Act (report required for the purposes of

45

section 249A(2)), subsection (3) shall apply in relation to an RSL

company within sub-paragraph (2)(a) above as if the reference to

 

 

Housing Bill
Schedule 8 — Registered social landlords

203

 

satisfying the requirements of section 249A(4) were a reference to

meeting the total exemption conditions.

      (4)  

The Relevant Authority may, in respect of any relevant financial

year of an RSL company, give a direction to the company

requiring it—

5

(a)   

to appoint a qualified auditor to audit its accounts and

balance sheet for that year, and

(b)   

to furnish to the Relevant Authority a copy of the auditor’s

report by such date as is specified in the direction.

      (5)  

For the purposes of sub-paragraph (4), a financial year of an RSL

10

company is a “relevant financial year” if—

(a)   

it precedes that in which the direction is given, and

(b)   

the company met either the total exemption conditions or

the report conditions in respect of that year, and

(c)   

its accounts and balance sheet for that year were not

15

audited in accordance with Part 7 of the Companies Act

1985.

      (6)  

In this paragraph—

(a)   

“financial year” has the meaning given by section 223 of

the Companies Act 1985;

20

(b)   

“qualified auditor” means a person who is eligible for

appointment as auditor of the company under Part 2 of the

Companies Act 1989;

(c)   

any reference to a company meeting the report conditions

is to be read in accordance with section 249A(4) of the

25

Companies Act 1985; and

(d)   

any reference to a company meeting the total exemption

conditions is to be read in accordance with section 249A(3)

or section 249A(3) and (3A) of that Act, depending on

whether it is a charity.”

30

19         

For paragraph 17 of Schedule 1 (appointment of auditors by industrial and

provident societies), together with the heading preceding it, substitute—

“Industrial and provident societies exempt from audit requirements: accountant’s

report

17    (1)  

This paragraph applies to registered social landlords which are

35

industrial and provident societies.

      (2)  

Section 9A of the Friendly and Industrial and Provident Societies

Act 1968 (duty to obtain accountant’s reports where section 4

applied) shall have effect, in its application to such a landlord,

with the omission of subsection (1)(b) (accountant’s report

40

required only where turnover exceeds a specified sum).

      (3)  

The Relevant Authority may, in respect of any relevant year of

account of such a landlord, give a direction to the landlord

requiring it—

(a)   

to appoint a qualified auditor to audit its accounts and

45

balance sheet for that year, and

(b)   

to furnish to the Relevant Authority a copy of the auditor’s

report by such date as is specified in the direction.

 

 

 
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