Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Schedule 12 — Minor and consequential amendments
218

Buildings occupied by students
5     (1)
Any building—
(a)
which is occupied only by persons who occupy it for the purpose of
undertaking a full-time course of further or higher education at a
specified educational establishment or at an educational
5
establishment of a specified description, and
(b)
where the person managing or having control of it is the educational
establishment in question or a specified person or a person of a
specified description.
      (2)
In sub-paragraph (1) “specified” means specified for the purposes of this
10
paragraph in regulations made by the appropriate national authority.
Buildings occupied by religious communities
6     (1)
Any building which is occupied principally for the purposes of a religious
community whose principal occupation is prayer, contemplation, education
or the relief of suffering.
15
      (2)
This paragraph does not apply in the case of a converted block of flats to
which section 215 applies.
Buildings occupied under long leases
7     (1)
Any building which is occupied by—
(a)
one or more persons who have a leasehold estate in it granted for a
20
term of more than 21 years;
(b)
any member of the household of such a person or persons; and
(c)
no more than such other number of persons as is specified for the
purposes of this paragraph in regulations made by the appropriate
national authority.
25
      (2)
This paragraph does not apply in the case of a converted block of flats to
which section 215 applies.
Buildings occupied by two persons
8
Any building which is occupied only by two persons who form two
households.
30
Schedule 12
Section 221(1)

Minor and consequential amendments
Parliamentary Commissioner Act 1967 (c. 13)
1     (1)
Section 11A of the Parliamentary Commissioner Act 1967 (consultation
between Parliamentary Commissioner and Welsh Administration
35
Ombudsman or Health Service Commissioners) is amended as follows.
      (2)
In the sidenote for “Welsh Administration Ombudsman or Health Service
Commissioners” substitute “other Commissioners or Ombudsmen”
      (3)
In subsection (1)—

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Schedule 12 — Minor and consequential amendments
219

(a)
after “Ombudsman” insert “, of the Social Housing Ombudsman for
Wales”; and
(b)
in paragraph (b) for “or” substitute “, under regulations under
section 51B of the Housing Act 1996 or under”.
      (4)
In subsection (2) after “Ombudsman” insert “, the Social Housing
5
Ombudsman for Wales”.
Land Compensation Act 1973 (c. 26)
2
In section 29(7) of the Land Compensation Act 1973 (right to home loss
payment where person displaced from dwelling) after paragraph (c)
insert—
10
“(d)
a prohibition order under section 19 or 20 of the Housing Act
2004.”
Local Government Act 1974 (c. 7)
3     (1)
Section 33 of the Local Government Act 1974 (consultation between the
Local Commissioner, other commissioners and the Welsh Administration
15
Ombudsman) is amended as follows.
      (2)
In the sidenote for “the Parliamentary Commissioner and the Health Service
Commissioners” substitute “and other Commissioners and Ombudsmen”.
      (3)
In subsection (1)—
(a)
after paragraph (a) insert—
20
“(aza)
by the Social Housing Ombudsman for Wales, in
accordance with regulations under section 51B of the
Housing Act 1996,”;
(b)
omit “the” after “appropriate Commissioner or”; and
(c)
after “the Act of 1967” insert “, under the Housing Act 1996”.
25
      (4)
In subsection (2)—
(a)
after “Parliamentary Commissioner” insert “, the Social Housing
Ombudsman for Wales”; and
(b)
omit “the” after “that Commissioner or”.
      (5)
In subsection (5) after “1967” insert “, in paragraph 13(1) of Schedule 2A to
30
the Housing Act 1996”.
Greater London Council (General Powers) Act 1981 (c. xvii)
4
In section 9(1) of the Greater London Council (General Powers) Act 1981—
(a)
for from “a registration scheme” to “section 354 of that Act,”
substitute “a licence under Part 2 of the Housing Act 2004”; and
35
(b)
for “358” substitute “113”.
Housing Act 1985 (c. 68)
5
The Housing Act 1985 has effect subject to the following amendments.
6
In section 8(2) (periodical review of housing needs) for “section 605”
substitute “section 3 of the Housing Act 2004”.
40
7
For section 252(c) (definition of “house in multiple occupation” for purposes

Housing Bill
Schedule 12 — Minor and consequential amendments
220

of Part 8) substitute—
“(c)
“house in multiple occupation” means a house in multiple
occupation as defined by sections 213 to 217 of the Housing
Act 2004, as they have effect for the purposes of Part 1 of that
Act (that is, without the exclusions contained in Schedule 11
5
to that Act), but does not include any part of such a house
which is occupied as a separate dwelling by persons who
form a single household.”
8
For section 268 (service of notice of demolition and closing orders)
substitute—
10
“268  Service of notice of demolition order
(1)
The local housing authority shall serve a demolition order made by
them by serving a copy of the order on—
(a)
every owner or occupier of the premises to which the order
relates;
15
(b)
every person who, to their knowledge, is entitled or
authorised to permit persons to occupy the premises; and
(c)
every person who, to their knowledge, is a mortgagee of the
premises.
(2)
For the purposes of subsection (1)(a) a copy of a demolition order
20
shall be taken to have been served on every occupier of the premises
if it is fixed to a conspicuous part of the premises.
(3)
Any reference in subsections (1) and (2) to “the premises”, in the case
of an order which relates to a building containing one or more flats,
includes a reference to the flat or flats concerned.
25
(4)
An order against which no appeal is brought becomes operative at
the end of the period of 21 days from the date of service of the order
and is final and conclusive as to matters which could have been
raised on an appeal.”
9
After section 269 (right of appeal against demolition order) insert—
30
“269A Appeals suggesting certain other courses of action
(1)
One ground of appeal under section 269 in relation to a demolition
order made under section 265 is that a course of action mentioned in
subsection (2) is the best course of action in relation to the hazard
concerned.
35
(2)
The courses of action are—
(a)
serving an improvement notice under section 10 or 11 of the
Housing Act 2004;
(b)
making a prohibition order under section 19 or 20 of that Act;
(c)
serving a hazard awareness notice under section 27 or 28 of
40
that Act; or
(d)
declaring the area in which the premises concerned are
situated to be a clearance area in accordance with section 289
of this Act.
(3)
Subsection (4) applies where—
45

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Schedule 12 — Minor and consequential amendments
221

(a)
a residential property tribunal is hearing an appeal under
section 269 in relation to a demolition order made under
section 265; and
(b)
the grounds on which the appeal is brought are or include the
ground that a course of action mentioned in subsection (2) is
5
the best course of action in relation to each hazard concerned.
(4)
The tribunal shall have regard to any guidance given to the local
housing authority under section 8 of the Housing Act 2004.
(5)
Subsection (6) applies where—
(a)
an appeal under section 269 is allowed against a demolition
10
order made under section 265; and
(b)
the reason or one of the reasons for allowing the appeal is that
a course of action mentioned in subsection (2) is the best
course of action in relation to the hazard concerned.
(6)
The tribunal shall, if requested to do so by the appellant or the local
15
housing authority, include in its decision a finding to that effect and
identifying the course of action concerned.
(7)
Subsection (1) of this section is without prejudice to the generality of
section 269.”
10
In section 274 (demolition orders: power to permit reconstruction of
20
condemned house) for subsections (2) to (5) substitute—
“(2)
If the authority are satisfied that the result of the works will be—
(a)
in the case of a demolition order made under section 265(1) or
(2), that the hazard concerned ceases to be a category 1
hazard, or
25
(b)
in the case of a demolition order made under section 265(3) or
(4), that a prescribed state of affairs exists,

they may, in order that the person submitting the proposals may
have an opportunity of carrying out the works, extend for such
period as they may specify the time within which the owner of the
30
premises is required under section 271 to demolish them.
(3)
In subsection (2) “prescribed state of affairs” means such state of
affairs as may be specified or described in an order made by the
Secretary of State.
(4)
An order under subsection (3)—
35
(a)
may make different provision for different cases or
descriptions of case (including different provision for
different areas);
(b)
may contain such incidental, supplementary, consequential,
transitory, transitional or saving provision as the Secretary of
40
State considers appropriate; and
(c)
shall be made by statutory instrument which shall be subject
to annulment in pursuance of a resolution of either House of
Parliament.
(5)
That time may be further extended by the authority, once or more
45
often as the case may require, if—

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Schedule 12 — Minor and consequential amendments
222

(a)
the works have begun and appear to the authority to be
making satisfactory progress, or
(b)
though they have not begun, the authority think there has
been no unreasonable delay.
(6)
Where the authority determine to extend, or further extend, the time
5
within which the owner of any premises is required under section
271 to demolish them, notice of the determination shall be served by
the authority on every person having an interest in the premises or
part of the premises, whether as freeholder, mortgagee or otherwise.
(7)
If the works are completed to the satisfaction of the authority they
10
shall revoke the demolition order (but without prejudice to any
subsequent proceedings under this Part or Part 1 of the Housing Act
2004).”
11
After section 274 insert—
“274A Effect of certain enforcement action under the Housing Act 2004
15
A demolition order which has been made in respect of any premises
shall cease to have effect if an interim or final management order
under Part 4 of the Housing Act 2004 comes into force in relation to
the premises.”
12
For section 275 (demolition orders: substitution of closing orders)
20
substitute—
“275  Demolition orders: substitution of prohibition order to permit use
otherwise than for human habitation
(1)
If—
(a)
an owner of any premises in respect of which a demolition
25
order has become operative, or
(b)
any other person who has an interest in the premises,

submits proposals to the local housing authority for the use of the
premises for a purpose other than human habitation, the authority
may, if they think fit, determine the demolition order and make a
30
prohibition order under section 19 or 20 of the Housing Act 2004 in
respect of the hazard concerned.
(2)
The authority shall serve notice that the demolition order has been
determined, and a copy of the prohibition order, on every person on
whom they are required by Part 1 of Schedule 2 to the Housing Act
35
2004 to serve a copy of the prohibition order.”
13    (1)
Section 289 (declaration of clearance area) is amended as follows.
      (2)
In subsection (2F)(b) for “are unfit for human habitation” substitute “contain
category 1 or category 2 hazards”.
      (3)
In subsection (3)—
40
(a)
in sub-paragraph (i), for the words from “unfit” to “health” substitute
“dangerous or harmful to health or safety”; and
(b)
in sub-paragraph (ii), for “injurious to health” substitute “harmful to
health or safety”.
14
For section 300 (purchase of houses liable to be demolished or closed)
45

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223

substitute—
“300  Purchase of houses liable to be demolished or to be subject to a
prohibition order
(1)
Where—
(a)
the local housing authority would be required under section
5
265(1) or (2) to make a demolition order in respect of a
dwelling, a house in multiple occupation or a building
containing one or more flats, and
(b)
it appears to them that the dwelling, house in multiple
occupation or, as the case may be, building is or can be
10
rendered capable of providing accommodation of a standard
which is adequate for the time being,

they may purchase it instead.
(2)
Where—
(a)
the local housing authority would be required under section
15
5 of the Housing Act 2004 to make a relevant prohibition
order in respect of a dwelling, a house in multiple occupation
or a building containing one or more flats, and
(b)
it appears to them that the dwelling, house in multiple
occupation or, as the case may be, building is or can be
20
rendered capable of providing accommodation of a standard
which is adequate for the time being,

they may purchase it instead.
(3)
In subsection (2) “relevant prohibition order” means a prohibition
order under section 19 of the Housing Act 2004 which prohibits the
25
use of the dwelling, house in multiple occupation or building for all
purposes unless a purpose is approved by the authority.
(4)
Where an authority have determined to purchase any premises
under subsection (1)—
(a)
they shall serve a notice of their determination on the persons
30
on whom they would have been required by section 268(1) to
serve a copy of a demolition order, and
(b)
sections 268(4) and 269(1), (2), (3) and (6) (operative date and
right of appeal) apply to such a notice as they apply to a
demolition order.
35
(5)
Where an authority have determined to purchase any premises
under subsection (2)—
(a)
they shall serve a notice of their determination on the persons
on whom they would have been required by Part 1 of
Schedule 2 to the Housing Act 2004 (service of prohibition
40
orders) to serve a copy of the relevant prohibition order; and
(b)
section 23 of that Act and Parts 1 and 3 of that Schedule
(operative date, right of appeal etc.) apply to such a notice as
they apply to a prohibition order which is not suspended or
to appeals against such an order (as the case may be).
45
(6)
At any time after the notice has become operative the authority may
purchase the dwelling, house in multiple occupation or building by
agreement or be authorised by the Secretary of State to purchase it
compulsorily.

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Schedule 12 — Minor and consequential amendments
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(7)
This section does not apply where section 304(1) applies (listed
building or building protected pending listing).”
15
For section 304 (closing orders in relation to listed buildings) substitute—
“304  Demolition order not to be made in respect of listed building
(1)
A local housing authority shall not make a demolition order under
5
section 265 (power to make a demolition order) in respect of a listed
building.
(2)
Where a dwelling, house in multiple occupation or building in
respect of which a demolition order has been made becomes a listed
building, the local housing authority shall determine the order
10
(whether or not it has become operative).
(3)
The local housing authority shall serve notice that the demolition
order has been determined on every person on whom they would be
required by section 268 to serve a copy of a new demolition order in
relation to the premises.
15
(4)
The Secretary of State may give notice in respect of a dwelling, house
in multiple occupation or building to the local housing authority
stating that its architectural or historic interest is sufficient to render
it inexpedient that it should be demolished pending determination
of the question whether it should be a listed building; and the
20
provisions of this section apply to a dwelling, house in multiple
occupation or building in respect of which such a notice is in force as
they apply to a listed building.”
16
In section 307(1) (saving for rights arising from breach of covenant etc.) for
the words from “relating to” to “prejudices” substitute “relating to the
25
demolition or purchase of unfit premises prejudices”.
17
In section 308(3) (approval of owner’s proposals for re-development)—
(a)
after “Part” insert “or Chapter 2 of Part 1 of the Housing Act 2004”;
and
(b)
for “, closing or purchase of unfit premises” substitute “or purchase
30
of premises or the prohibition of uses of premises”.
18
Omit section 310 (certificate of fitness for human habitation resulting from
owner’s improvements or alterations).
19
In section 318(1)(a) (power of court to authorise execution of works on unfit
premises or for improvement)—
35
(a)
for “dwelling-houses” substitute “dwellings”; and
(b)
for “injurious to health or unfit for human habitation” substitute
“harmful to health or safety”.
20
For section 322 substitute—
“322 Minor definitions
40
(1)
In this Part the following expressions have the same meaning as in
Part 1 of the Housing Act 2004 (see section 1(5) to (7) of that Act)—

“building containing one or more flats”,

“category 1 hazard”,

“category 2 hazard”,
45