Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Schedule 9 — New Schedule 2A to the Housing Act 1996
211

(ii)
section 77 of the Freedom of Information Act 2000
(offence of altering etc. records with intent to
prevent disclosure).
Accounts and audit
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
accounts.
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
this paragraph, and
(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
them.
      (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
which governs it.
Accounting officer
15    (1)
The accounting officer for the Office of the Ombudsman shall be
the Ombudsman.
35
      (2)
But where—
(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
acting Ombudsman),
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)
applies.
      (3)
The accounting officer for the Office of the Ombudsman shall
have, in relation to—
45
(a)
the accounts of the Ombudsman, and

Housing Bill
Schedule 9 — New Schedule 2A to the Housing Act 1996
212

(b)
the finances of the Office of the Ombudsman,

the responsibilities which are from time to time specified by the
Treasury.
      (4)
In this paragraph references to responsibilities include in
particular—
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
Ombudsman are used.
      (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
Accounts.
      (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
Ombudsman, and
(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
staff.
      (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
the Ombudsman.
      (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.

Housing Bill
Schedule 10 — Residential property tribunals: procedure
213

      (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
Audit Act 1983.
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).”
Schedule 10
Section 190

Residential property tribunals: procedure
25
Procedure regulations
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
sub-paragraph (1).
30
      (3)
In those provisions—

“procedure regulations” means regulations under this paragraph;

“tribunal” means a residential property tribunal.
Appeals
2     (1)
Procedure regulations may include provision, in relation to applications to
35
tribunals—
(a)
about the form of such applications and the particulars to be
contained in them, and
(b)
requiring the service of notices of such applications.
      (2)
Procedure regulations may include provision, in relation to appeals to
40
tribunals—
(a)
about the form of notices of appeal and the particulars to be
contained in them, and

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Schedule 10 — Residential property tribunals: procedure
214

(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.
Transfers
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.
      (2)
The court—
(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
proceedings before it.
Parties etc.
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.
Information
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
notice.
      (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.

Housing Bill
Schedule 10 — Residential property tribunals: procedure
215

      (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
notice.
Pre-trial reviews etc.
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
own initiative).
      (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
panel.
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
Act 1977 (c. 42).
Interim orders
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
them;
(b)
granting any remedy which they would have had power to grant in
their final decisions.
25
Additional relief
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.
Dismissal
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.

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Schedule 10 — Residential property tribunals: procedure
216

      (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
Act 1977 (c. 42).
Fees
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
hearings by, tribunals.
      (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—
(a)
£500, or
(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
or met.
      (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.
Costs
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
paragraph 9, or
35
(b)
he has, in the opinion of the tribunal, acted frivolously, vexatiously,
abusively, disruptively or otherwise unreasonably in connection
with the proceedings.
      (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
(a)
£500, or
(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

Housing Bill
Schedule 11 — Buildings which are not HMOs (except in Part 1)
217

(b)
in accordance with provision made by any enactment other than this
paragraph.
Enforcement
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
orders of such a court.
Schedule 11
Section 213

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
(c. 16),
20
(c)
the Metropolitan Police Authority established under section 5B of
that Act,
(d)
a fire authority, or
(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.