|
| |
|
(ii) | section 77 of the Freedom of Information Act 2000 |
| |
(offence of altering etc. records with intent to |
| |
| |
| |
13 (1) | The Ombudsman shall keep proper accounting records. |
| 5 |
(2) | The Ombudsman shall, for each financial year, prepare accounts |
| |
in accordance with directions given to him by the Treasury. |
| |
(3) | The directions which the Treasury may give under sub-paragraph |
| |
(2) include, in particular, directions as to— |
| |
(a) | the information to be contained in the accounts and the |
| 10 |
manner in which it is to be presented, |
| |
(b) | the methods and principles in accordance with which the |
| |
accounts are to be prepared, and |
| |
(c) | the additional information (if any) that is to accompany the |
| |
| 15 |
(4) | In this paragraph and in paragraph 14, “financial year” means the |
| |
twelve months ending with 31st March. |
| |
14 (1) | The accounts prepared by the Ombudsman for any financial year |
| |
shall be submitted by him to the Auditor General for Wales no |
| |
later than the 30th November of the following year. |
| 20 |
(2) | The Auditor General for Wales shall— |
| |
(a) | examine and certify any accounts submitted to him under |
| |
| |
(b) | no later than four months after the accounts are submitted |
| |
to him, lay before the National Assembly for Wales a copy |
| 25 |
of them as certified by him together with his report on |
| |
| |
(3) | In examining any accounts submitted to him under this |
| |
paragraph, the Auditor General for Wales shall, in particular, |
| |
satisfy himself that the expenditure to which the accounts relate |
| 30 |
has been incurred lawfully and in accordance with the authority |
| |
| |
| |
15 (1) | The accounting officer for the Office of the Ombudsman shall be |
| |
| 35 |
| |
(a) | the Ombudsman is incapable of discharging his |
| |
responsibilities as accounting officer, or |
| |
(b) | the office of the Ombudsman is vacant (and there is no |
| |
| 40 |
| the Treasury may designate a member of the Ombudsman’s staff |
| |
to be the accounting officer for so long as paragraph (a) or (b) |
| |
| |
(3) | The accounting officer for the Office of the Ombudsman shall |
| |
| 45 |
(a) | the accounts of the Ombudsman, and |
| |
|
| |
|
| |
|
(b) | the finances of the Office of the Ombudsman, |
| |
| the responsibilities which are from time to time specified by the |
| |
| |
(4) | In this paragraph references to responsibilities include in |
| |
| 5 |
(a) | responsibilities in relation to the signing of accounts, |
| |
(b) | responsibilities for the propriety and regularity of the |
| |
finances of the Office of the Ombudsman, and |
| |
(c) | responsibilities for the economy, efficiency and |
| |
effectiveness with which the resources of the Office of the |
| 10 |
| |
(5) | The responsibilities which may be specified under this paragraph |
| |
include responsibilities owed to— |
| |
(a) | the National Assembly for Wales, the executive committee |
| |
or the Audit Committee, or |
| 15 |
(b) | the House of Commons or its Committee of Public |
| |
| |
(6) | If requested to do so by the House of Commons Committee of |
| |
Public Accounts, the Audit Committee may— |
| |
(a) | on behalf of the Committee of Public Accounts take |
| 20 |
evidence from the accounting officer for the Office of the |
| |
| |
(b) | report to the Committee of Public Accounts and transmit |
| |
to that Committee any evidence so taken. |
| |
(7) | In this paragraph and paragraphs 16 and 17, “the Office of the |
| 25 |
Ombudsman” means the Ombudsman and the members of his |
| |
| |
(8) | Section 13 of the National Audit Act 1983 (interpretation of |
| |
references to the Committee of Public Accounts) applies for the |
| |
purposes of this paragraph as for those of that Act. |
| 30 |
Examinations into use of resources |
| |
16 (1) | The Auditor General for Wales may carry out examinations into |
| |
the economy, efficiency and effectiveness with which the |
| |
Ombudsman has used the resources of the Office of the |
| |
Ombudsman in discharging his functions. |
| 35 |
(2) | Sub-paragraph (1) shall not be construed as entitling the Auditor |
| |
General for Wales to question the merits of the policy objectives of |
| |
| |
(3) | In determining how to exercise his functions under this |
| |
paragraph, the Auditor General for Wales shall take into account |
| 40 |
the views of the Audit Committee as to the examinations which he |
| |
should carry out under this paragraph. |
| |
(4) | The Auditor General for Wales may lay before the National |
| |
Assembly for Wales a report of the results of any examination |
| |
carried out by him under this paragraph. |
| 45 |
(5) | Section 7 of the National Audit Act 1983 (economy, efficiency and |
| |
effectiveness examinations by Comptroller and Auditor General) |
| |
applies to the Ombudsman. |
| |
|
| |
|
| |
|
(6) | The Auditor General for Wales and the Comptroller and Auditor |
| |
General may co-operate with, and give assistance to, each other in |
| |
connection with the carrying out of examinations in respect of the |
| |
Ombudsman under this paragraph or section 7 of the National |
| |
| 5 |
17 (1) | For the purpose of enabling him to carry out examinations into, |
| |
and report to Parliament on, the finances of the Office of the |
| |
Ombudsman, the Comptroller and Auditor General— |
| |
(a) | shall have a right of access at all reasonable times to all |
| |
such documents in the custody or under the control of the |
| 10 |
Ombudsman, or of the Auditor General for Wales, as he |
| |
may reasonably require for that purpose, and |
| |
(b) | shall be entitled to required from any person holding or |
| |
accountable for any of those documents any assistance, |
| |
information or explanation which he reasonably thinks |
| 15 |
necessary for that purpose. |
| |
(2) | The Comptroller and Auditor General shall— |
| |
(a) | consult the Auditor General for Wales, and |
| |
(b) | take into account any relevant work done or being done by |
| |
the Auditor General for Wales, |
| 20 |
| before he acts in reliance on sub-paragraph (1) or carries out an |
| |
examination in respect of the Ombudsman under section 7 of the |
| |
National Audit Act 1983 (economy etc. examinations).” |
| |
| |
| |
Residential property tribunals: procedure |
| 25 |
| |
1 (1) | The appropriate national authority may make regulations about the |
| |
procedure of residential property tribunals. |
| |
(2) | Nothing in the following provisions of this Schedule affects the generality of |
| |
| 30 |
| |
| “procedure regulations” means regulations under this paragraph; |
| |
| “tribunal” means a residential property tribunal. |
| |
| |
2 (1) | Procedure regulations may include provision, in relation to applications to |
| 35 |
| |
(a) | about the form of such applications and the particulars to be |
| |
| |
(b) | requiring the service of notices of such applications. |
| |
(2) | Procedure regulations may include provision, in relation to appeals to |
| 40 |
| |
(a) | about the form of notices of appeal and the particulars to be |
| |
| |
|
| |
|
| |
|
(b) | requiring the service of copies of such notices. |
| |
(3) | Procedure regulations may include provision dispensing with the service of |
| |
the notices or copies mentioned in sub-paragraph (1)(b) or (2)(b) in such |
| |
cases of urgency as are specified in the regulations. |
| |
| 5 |
3 (1) | This paragraph applies where, in any proceedings before a court, there falls |
| |
for determination a question which a tribunal would have jurisdiction to |
| |
determine on an application or appeal to the tribunal. |
| |
| |
(a) | may by order transfer to the tribunal so much of the proceedings as |
| 10 |
relate to the determination of that question, and |
| |
(b) | may then dispose of all or any remaining proceedings, or adjourn the |
| |
disposal of all or any remaining proceedings pending the |
| |
determination of that question by the tribunal, as it thinks fit. |
| |
(3) | When the tribunal has determined the question, the court may give effect to |
| 15 |
the determination in an order of the court. |
| |
(4) | Rules of court may prescribe the procedure to be followed in a court in |
| |
connection with or in consequence of a transfer under this paragraph. |
| |
(5) | Procedure regulations may prescribe the procedure to be followed in a |
| |
tribunal consequent on a transfer under this paragraph. |
| 20 |
(6) | Nothing in this Act affects any power of a court to make an order that could |
| |
be made by a tribunal (such as an order quashing a licence granted or order |
| |
made by a local housing authority) in a case where— |
| |
(a) | the court has not made a transfer under this paragraph, and |
| |
(b) | the order is made by the court in connection with disposing of any |
| 25 |
| |
| |
4 (1) | Procedure regulations may include provision enabling persons to be joined |
| |
as parties to the proceedings. |
| |
(2) | Procedure regulations may include provision enabling persons who are not |
| 30 |
parties to proceedings before a tribunal to make oral or written |
| |
representations to the tribunal. |
| |
| |
5 (1) | A tribunal may serve a notice requiring any party to proceedings before it to |
| |
give to the tribunal any information which the tribunal may require. |
| 35 |
(2) | The information must be given to the tribunal within such period (of not less |
| |
than 14 days) from the date of service of the notice as is specified in the |
| |
| |
(3) | A person commits an offence if he fails to comply with a notice served on |
| |
him under sub-paragraph (1). |
| 40 |
(4) | A person who commits an offence under sub-paragraph (3) is liable on |
| |
summary conviction to a fine not exceeding level 3 on the standard scale. |
| |
|
| |
|
| |
|
(5) | In proceedings against a person for an offence under sub-paragraph (3) it is |
| |
a defence that he had a reasonable excuse for failing to comply with the |
| |
| |
| |
6 (1) | Procedure regulations may include provision for the holding of a pre-trial |
| 5 |
review (on the application of a party to the proceedings or on the tribunal’s |
| |
| |
(2) | Procedure regulations may provide for functions of a tribunal in relation to, |
| |
or at, a pre-trial review to be exercised by a single qualified member of the |
| |
| 10 |
(3) | Procedure regulations may provide for other functions as to preliminary or |
| |
incidental matters to be exercised by a single qualified member of the panel. |
| |
(4) | For the purposes of this paragraph— |
| |
(a) | a person is a qualified member of the panel if he was appointed to it |
| |
by the Lord Chancellor; and |
| 15 |
(b) | “the panel” means the panel provided for in Schedule 10 to the Rent |
| |
| |
| |
7 | Procedure regulations may include provision empowering tribunals to |
| |
make orders, on an interim basis— |
| 20 |
(a) | suspending, in whole or in part, the effect of any decision, notice, |
| |
order or licence which is the subject matter of proceedings before |
| |
| |
(b) | granting any remedy which they would have had power to grant in |
| |
| 25 |
| |
8 (1) | Procedure regulations may include provision as to— |
| |
(a) | any additional relief which tribunals may grant in respect of |
| |
proceedings before them; and |
| |
(b) | the grounds on which such relief may be granted. |
| 30 |
(2) | In this paragraph “additional relief” means relief additional to any relief |
| |
specifically authorised by any provision of Parts 1 to 4 of this Act. |
| |
| |
9 | Procedure regulations may include provision empowering tribunals to |
| |
dismiss applications, appeals or transferred proceedings, in whole or in part, |
| 35 |
on the ground that they are— |
| |
(a) | frivolous or vexatious, or |
| |
(b) | otherwise an abuse of process. |
| |
Determination without hearing |
| |
10 (1) | Procedure regulations may include provision for the determination of |
| 40 |
applications, appeals or transferred proceedings without an oral hearing. |
| |
|
| |
|
| |
|
(2) | Procedure regulations may provide for a single qualified member of the |
| |
panel to make determinations without an oral hearing. |
| |
(3) | For the purposes of sub-paragraph (2)— |
| |
(a) | a person is a qualified member of the panel if he was appointed to it |
| |
by the Lord Chancellor; and |
| 5 |
(b) | “the panel” means the panel provided for in Schedule 10 to the Rent |
| |
| |
| |
11 (1) | Procedure regulations may include provision requiring the payment of fees |
| |
in respect of applications, appeals or transfers of proceedings to, or oral |
| 10 |
| |
(2) | The fees payable shall be such as are specified in or determined in |
| |
accordance with procedure regulations. |
| |
(3) | But the fee (or, where fees are payable in respect of both an application, |
| |
appeal or transfer and an oral hearing, the aggregate of the fees) payable by |
| 15 |
a person in respect of any proceedings must not exceed— |
| |
| |
(b) | such other amount as may be specified in procedure regulations. |
| |
(4) | Procedure regulations may empower a tribunal to require a party to |
| |
proceedings before it to reimburse another party to the proceedings the |
| 20 |
whole or any part of any fees paid by him. |
| |
(5) | Procedure regulations may provide for the reduction or waiver of fees by |
| |
reference to the financial resources of the party by whom they are to be paid |
| |
| |
(6) | If they do so they may apply, subject to such modifications as may be |
| 25 |
specified in the regulations, any other statutory means-testing regime as it |
| |
has effect from time to time. |
| |
| |
12 (1) | A tribunal may determine that a party to proceedings before it is to pay the |
| |
costs incurred by another party in connection with the proceedings in any |
| 30 |
circumstances falling within sub-paragraph (2). |
| |
(2) | The circumstances are where— |
| |
(a) | he has made an application or appeal to the tribunal which is |
| |
dismissed in accordance with regulations made by virtue of |
| |
| 35 |
(b) | he has, in the opinion of the tribunal, acted frivolously, vexatiously, |
| |
abusively, disruptively or otherwise unreasonably in connection |
| |
| |
(3) | The amount which a party to proceedings may be ordered to pay in the |
| |
proceedings by a determination under this paragraph must not exceed— |
| 40 |
| |
(b) | such other amount as may be specified in procedure regulations. |
| |
(4) | A person may not be required to pay costs incurred by another person in |
| |
connection with proceedings before a tribunal, except— |
| |
(a) | by a determination under this paragraph, or |
| 45 |
|
| |
|
| |
|
(b) | in accordance with provision made by any enactment other than this |
| |
| |
| |
13 | Procedure regulations may provide for decisions of tribunals to be |
| |
enforceable, with the permission of a county court, in the same way as |
| 5 |
| |
| |
| |
Buildings which are not HMOs (except in Part 1) |
| |
Introduction: buildings (or parts) which are not HMOs (except in Part 1) |
| |
1 (1) | The following paragraphs list buildings which are not houses in multiple |
| 10 |
occupation for any purposes of this Act other than those of Part 1. |
| |
(2) | In this Schedule “building” includes a part of a building. |
| |
Buildings owned by local housing authorities |
| |
2 | Any building in which a local housing authority has an estate or interest. |
| |
Buildings controlled or managed by public sector bodies etc. |
| 15 |
3 (1) | A building where the person managing or having control of it is— |
| |
(a) | a body which is registered as a social landlord under Part 1 of the |
| |
Housing Act 1996 (c. 52), |
| |
(b) | a police authority established under section 3 of the Police Act 1996 |
| |
| 20 |
(c) | the Metropolitan Police Authority established under section 5B of |
| |
| |
| |
(e) | a health service body within the meaning of section 4 of the National |
| |
Health Service and Community Care Act 1990 (c. 19). |
| 25 |
(2) | In sub-paragraph (1)(d) “fire authority” means— |
| |
(a) | a fire authority constituted by a combination scheme under the Fire |
| |
Services Act 1947 (c. 41), |
| |
(b) | a metropolitan county fire and defence authority, |
| |
(c) | the London Fire and Emergency Planning Authority, or |
| 30 |
(d) | a county council acting as the fire authority for its area under section |
| |
4 of the Fire Services Act 1947. |
| |
Buildings regulated otherwise than under this Act |
| |
4 | Any building whose occupation is regulated otherwise than by or under this |
| |
Act and which is of a description specified for the purposes of this |
| 35 |
paragraph in regulations made by the appropriate national authority. |
| |
|
| |
|