|
| |
|
| “common parts”, in relation to a building containing one or |
| |
| |
| |
| |
| 5 |
| |
| “health” includes mental health; |
| |
| “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 |
| 10 |
Act (that is, without the exclusions contained in Schedule 11 |
| |
| |
| “owner”, in relation to premises— |
| |
(a) | means a person (other than a mortgagee not in |
| |
possession) who is for the time being entitled to |
| 15 |
dispose of the fee simple in premises, whether in |
| |
possession or reversion, and |
| |
(b) | includes also a person holding or entitled to the rents |
| |
and profits of the premises under a lease of which the |
| |
unexpired term exceeds three years; |
| 20 |
| “premises” in relation to a demolition order, means the |
| |
dwelling, house in multiple occupation or building in respect |
| |
of which the order is made. |
| |
(3) | This Part applies to unoccupied HMO accommodation (as defined |
| |
by section 1(5) of the Housing Act 2004) as it applies to a house in |
| 25 |
multiple occupation, and references to a house in multiple |
| |
occupation in this Part are to be read accordingly.” |
| |
21 | In section 323 (index of defined expressions: Part 9) insert at the appropriate |
| |
| |
|
|
|
|
|
| |
|
| |
|
|
|
|
|
22 | In section 439 (requirements as to fitness of premises before advancing |
| |
money for certain purposes), omit subsections (1) and (2). |
| |
23 | In section 582 (compulsory purchase orders: restriction on recovery of |
| |
possession of houses in multiple occupation) for subsection (8) substitute— |
| 10 |
“(8) | In this section “house in multiple occupation” has the meaning given |
| |
by sections 213 to 217 of the Housing Act 2004 for the purposes of |
| |
that Act (other than Part 1).” |
| |
24 | For section 584A (compensation payable in case of closing and demolition |
| |
| 15 |
| “584A Compensation payable in case of prohibition and demolition orders |
| |
(1) | Subject to subsection (3), where a relevant prohibition order becomes |
| |
operative in respect of any premises or a demolition order under |
| |
section 265 is made in respect of any premises, the local housing |
| |
authority shall pay to every owner of the premises an amount |
| 20 |
determined in accordance with subsection (2). |
| |
(2) | The amount referred to in subsection (1) is the diminution in the |
| |
compulsory purchase value of the owner’s interest in the premises as |
| |
a result of the coming into operation of the relevant prohibition order |
| |
or, as the case may be, the making of the demolition order; and that |
| 25 |
| |
(a) | shall be determined as at the date of the coming into |
| |
operation or making of the order in question; and |
| |
(b) | shall be determined (in default of agreement) as if it were |
| |
compensation payable in respect of the compulsory purchase |
| 30 |
of the interest in question and shall be dealt with accordingly. |
| |
| |
(a) | a relevant prohibition order has been made in respect of any |
| |
| |
(b) | that order is revoked and a demolition order is made in its |
| 35 |
| |
| the amount payable to the owner under subsection (1) in connection |
| |
with the demolition order shall be reduced by the amount (if any) |
| |
|
| |
|
| |
|
paid to the owner or a previous owner under that subsection in |
| |
connection with the relevant prohibition order. |
| |
(4) | For the purposes of this section— |
| |
| “compulsory purchase value”, in relation to an owner’s interest |
| |
in premises, means the compensation which would be |
| 5 |
payable in respect of the compulsory purchase of that interest |
| |
if it fell to be assessed in accordance with the Land |
| |
| |
| “premises”, in relation to a demolition order, has the meaning |
| |
| 10 |
| “premises”, in relation to a prohibition order, means premises |
| |
which are specified premises in relation to the order within |
| |
the meaning of Part 1 of the Housing Act 2004; |
| |
| “relevant prohibition order” means a prohibition order under |
| |
section 19 or 20 of the Housing Act 2004 which prohibits for |
| 15 |
all purposes the use of any premises (as opposed to any part |
| |
| |
25 | For section 584B (repayment on revocation of demolition or closing order) |
| |
| |
| “584B Repayment on revocation of demolition or prohibition order |
| 20 |
(1) | Where a payment in respect of any premises has been made by a |
| |
local housing authority under section 584A(1) in connection with a |
| |
demolition order or relevant prohibition order and— |
| |
(a) | the demolition order is revoked under section 274 |
| |
(revocation of demolition order to permit reconstruction of |
| 25 |
| |
(b) | the relevant prohibition order is revoked under section 24(1) |
| |
or (2) of the Housing Act 2004, |
| |
| then, if at that time the person to whom the payment was made has |
| |
the same interest in the premises as he had at the time the payment |
| 30 |
was made, he shall on demand repay to the authority the amount of |
| |
| |
| |
(a) | a payment in respect of any premises has been made by a |
| |
local housing authority under section 584A(1) in connection |
| 35 |
with a relevant prohibition order, and |
| |
(b) | by virtue of section 24(3) of the Housing Act 2004, the order |
| |
is revoked as respects part of the premises and not varied, |
| |
| |
(c) | the person to whom the payment was made (in this section |
| 40 |
referred to as “the recipient”) had at the time the payment |
| |
was made, an owner’s interest in the part of the premises |
| |
concerned (whether or not he had such an interest in the rest |
| |
| |
| then, if at the time of the revocation of the relevant prohibition order |
| 45 |
the recipient has the same interest in the premises as he had at the |
| |
time the payment was made, he shall on demand pay to the authority |
| |
an amount determined in accordance with subsections (4), (5) and |
| |
| |
|
| |
|
| |
|
| |
(a) | a payment in respect of any premises has been made by a |
| |
local housing authority under section 584A(1) in connection |
| |
with a relevant prohibition order, and |
| |
(b) | by virtue of section 24(4) of the Housing Act 2004, the order |
| 5 |
| |
| then, if at the time of the variation of the order the recipient has the |
| |
same interest in the premises as he had at the time the payment was |
| |
made, he shall on demand pay to the authority an amount |
| |
determined in accordance with subsections (4), (5) and (6). |
| 10 |
(4) | The amount referred to in subsection (2) or (3) is whichever is the less |
| |
| |
(a) | the amount by which the value of the interest of the recipient |
| |
in the premises increases as a result of the revocation or |
| |
variation of the relevant prohibition order; and |
| 15 |
(b) | the amount paid to the recipient under section 584A(1) in |
| |
respect of his interest in the premises; |
| |
| and the amount referred to in paragraph (a) shall be determined as |
| |
at the date of the revocation or variation of the relevant prohibition |
| |
| 20 |
(5) | For the purpose of assessing the amount referred to in subsection |
| |
(4)(a), the rules set out in section 5 of the Land Compensation Act |
| |
1961 shall, so far as applicable and subject to any necessary |
| |
modifications, have effect as they have effect for the purpose of |
| |
assessing compensation for the compulsory acquisition of an interest |
| 25 |
| |
(6) | Any dispute as to the amount referred to in subsection (4)(a) shall be |
| |
referred to and determined by the Lands Tribunal; and section 2 and |
| |
subsections (1)(a) and (4) to (6) of section 4 of the Land |
| |
Compensation Act 1961 shall, subject to any necessary modifications, |
| 30 |
apply for the purposes of this section as they apply for the purposes |
| |
| |
(7) | In this section “premises” and “relevant prohibition order” have the |
| |
same meaning as in section 584A.” |
| |
Landlord and Tenant Act 1985 (c. 70) |
| 35 |
26 (1) | Section 20C of the Landlord and Tenant Act 1985 (limitation of service |
| |
charges: costs of proceedings) is amended as follows. |
| |
(2) | In subsection (1) after “a court” insert “, residential property tribunal”. |
| |
(3) | In subsection (2) after paragraph (a) insert— |
| |
“(aa) | in the case of proceedings before a residential property |
| 40 |
tribunal, to a leasehold valuation tribunal;”. |
| |
| |
27 | In paragraph 47 of Schedule 17 to the Housing Act 1988 (amendments of Part |
| |
9 of Housing Act 1985) for “sections 264(5), 270(3), 276 and 286(3)” substitute |
| |
| 45 |
|
| |
|
| |
|
Local Government and Housing Act 1989 (c. 42) |
| |
28 | In section 100 of the Local Government and Housing Act 1989 |
| |
(interpretation of Part 7) for the definition of “house in multiple occupation” |
| |
| |
| ““house in multiple occupation” means a house in multiple occupation |
| 5 |
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 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;”. |
| 10 |
29 | In section 195(2) of that Act (short title, commencement and extent) for “167” |
| |
| |
Water Industry Act 1991 (c. 56) |
| |
30 | For paragraph 2(2) of Schedule 4A to the Water Industry Act 1991 (premises |
| |
that are not to be disconnected for non-payment of charges) substitute— |
| 15 |
“(2) | In this paragraph “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 |
| |
| 20 |
Health Service Commissioners Act 1993 (c. 46) |
| |
31 (1) | Section 18 of the Health Service Commissioners Act 1993 (consultation |
| |
during investigations) is amended as follows. |
| |
| |
(a) | omit “or” at the end of paragraph (c); |
| 25 |
(b) | at the end of paragraph (d) insert “or |
| |
(e) | by the Social Housing Ombudsman for Wales under |
| |
regulations under section 51B of the Housing Act |
| |
| |
(c) | omit “the” after “appropriate Commissioner or”; and |
| 30 |
(d) | omit “the” after “that Commissioner or”. |
| |
(3) | In subsection (2) omit “the Welsh Administration”. |
| |
Home Energy Conservation Act 1995 (c. 10) |
| |
32 | For paragraph (aa)(i) of the definition of “residential accommodation” in |
| |
section 1(1) of the Home Energy Conservation Act 1995 (interpretation) |
| 35 |
| |
(i) | in England and Wales, 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 |
| 40 |
Schedule 11 to that Act),”. |
| |
|
| |
|
| |
|
| |
33 | In paragraph 2 of Schedule 4 to the Gas Act 1995 (statutory undertakers), in |
| |
sub-paragraph (1)(xxxvi) for “sections 283(2) and” substitute “section”. |
| |
| |
34 | In section 210(1) of the Housing Act 1996 (homelessness: suitability of |
| 5 |
| |
(a) | for “Parts IX, X and XI” substitute “Parts 9 and 10”; and |
| |
(b) | for “; overcrowding; houses in multiple occupation)” substitute “and |
| |
overcrowding) and Parts 1 to 4 of the Housing Act 2004”. |
| |
Housing Grants, Construction and Regeneration Act 1996 (c. 53) |
| 10 |
35 | In section 24 of the Housing Grants, Construction and Regeneration Act 1996 |
| |
(considerations of fitness before approving applications for certain grants), |
| |
| |
Government of Wales Act 1998 (c. 38) |
| |
36 (1) | Paragraph 27 of Schedule 9 to the Government of Wales Act 1998 |
| 15 |
(consultation by Welsh Administration Ombudsman with other |
| |
Ombudsmen) is amended as follows. |
| |
(2) | In sub-paragraph (1)— |
| |
(a) | omit “or” at the end of paragraph (b); |
| |
(b) | at the end of paragraph (c) insert “or |
| 20 |
(d) | by the Social Housing Ombudsman for Wales under |
| |
regulations under section 51B of the Housing Act |
| |
| |
(c) | after “appropriate Commissioner” insert “or Ombudsman”; and |
| |
(d) | after “that Commissioner” insert “or Ombudsman”. |
| 25 |
(3) | In sub-paragraph (2) after “Commissioner” insert “or Ombudsman”. |
| |
Freedom of Information Act 2000 (c. 36) |
| |
37 | In the table in section 76(1) of the Freedom of Information Act 2000, after the |
| |
entry relating to the Welsh Administration Ombudsman, insert— |
| |
| “The Social Housing Ombudsman |
| Part 1, Chapter 5 of the Housing |
| | 30 | | | | | |
|
|
| |
|