Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Schedule 12 — Minor and consequential amendments
225


“common parts”, in relation to a building containing one or
more flats,

“dwelling”,

“flat”,

“hazard”.
5
(2)
In this Part—

“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
to that Act);

“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
places—

“building
section 322”

30

containing

one or more

flats

“category 1
section 322”

hazard

35

“category 2
section 322”

hazard

“common
section 322”

parts

Housing Bill
Schedule 12 — Minor and consequential amendments
226

“dwelling
section 322”

“hazard
section 322”

“health
section 322”

“residential
section 190 of

property
the Housing

5

tribunal
Act 2004”.

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
orders) substitute—
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
amount—
(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.
(3)
In any case where—
(a)
a relevant prohibition order has been made in respect of any
premises, and
(b)
that order is revoked and a demolition order is made in its
35
place,

the amount payable to the owner under subsection (1) in connection
with the demolition order shall be reduced by the amount (if any)

Housing Bill
Schedule 12 — Minor and consequential amendments
227

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
Compensation Act 1961;

“premises”, in relation to a demolition order, has the meaning
given by section 322;
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
of the premises).”
25
For section 584B (repayment on revocation of demolition or closing order)
substitute—
“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
premises), or
(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
the payment.
(2)
In any case where—
(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,
and
(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
of the premises),

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
(6).

Housing Bill
Schedule 12 — Minor and consequential amendments
228

(3)
In any case where—
(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
is varied,

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
of—
(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
order.
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
in land.
(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
of that Act.
(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;”.
Housing Act 1988 (c. 50)
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
“section 270(3)”.
45

Housing Bill
Schedule 12 — Minor and consequential amendments
229

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”
substitute—

““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”
substitute “168”.
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
to that Act).”
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.
      (2)
In subsection (1)—
(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
1996,”;
(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
substitute—
(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),”.

Housing Bill
Schedule 12 — Minor and consequential amendments
230

Gas Act 1995 (c. 45)
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”.
Housing Act 1996 (c. 52)
34
In section 210(1) of the Housing Act 1996 (homelessness: suitability of
5
accommodation)—
(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),
omit subsection (4).
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
1996,”;
(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

for Wales
Act 1996 (c. 52).”