|
| |
|
(3) | The tribunal may confirm, reverse or vary the decision of the local housing |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | section 113(2) or 114(2) (variation or revocation of final management |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
(b) | give such particulars of the circumstances as may be necessary to |
| |
give reasonable notice of the breach of duty; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(a) | that the recipient did not commit the breach of duty specified in the |
| |
| |
(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 |
| |
| 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 |
| |
| |
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; |
| |
| |
(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 |
| |
| |
(2) | Any such notice may be given— |
| 35 |
(a) | in the case of a body corporate, to the secretary or clerk of that body; |
| |
| |
(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 |
| |
| |
(a) | the form of penalty charge notices or any other notice mentioned in |
| |
| |
(b) | circumstances in which penalty charge notices may not be given; |
| 45 |
(c) | the method or methods by which penalty charges may be paid. |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
(a) | in subsection (3), the words from “, acting” onwards, and |
| |
| |
| |
2 | The Housing Act 1988 is amended as follows. |
| 10 |
3 | In section 50(2) (housing association grants) omit the words from “, acting” |
| |
| |
4 | In section 52(2) (recovery etc. of grants) omit the words from “, acting” to |
| |
| |
5 | Omit section 55 (surplus rental income). |
| 15 |
6 | In section 59(1A) (interpretation) for “55” substitute “54”. |
| |
| |
7 | The Housing Act 1996 is amended as follows. |
| |
8 | In section 18(2) (social housing grants) omit the words from “, acting” to |
| |
| 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 |
| |
| |
13 (1) | Section 36 (issue of guidance by the Relevant Authority) is amended as |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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) |
| |
| |
(2) | Omit sub-paragraph (4) (auditor’s report to state whether accounts comply |
| |
| |
|
| |
|
| |
|
(3) | For sub-paragraph (5) substitute— |
| |
“(5) | Every registered social landlord shall furnish to the Relevant |
| |
| |
(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 |
| |
(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 |
| |
| |
| and sub-paragraph (8) shall apply in place of those provisions. |
| |
| 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 |
| |
| |
(2) | In section 249A of the Companies Act 1985 (exemptions from |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
| |
(a) | “financial year” has the meaning given by section 223 of |
| |
| 20 |
(b) | “qualified auditor” means a person who is eligible for |
| |
appointment as auditor of the company under Part 2 of the |
| |
| |
(c) | any reference to a company meeting the report conditions |
| |
is to be read in accordance with section 249A(4) of the |
| 25 |
| |
(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 |
| |
| |
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 |
| |
| |
(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. |
| |
|
| |
|