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House of Commons

Session 2003 - 04 Internet Publications Other Bills before Parliament

Housing Bill

Housing Bill
[AS AMENDED IN STANDING COMMITTEE E]
Contents
Part 1
Housing conditions
Chapter 1
Enforcement of housing standards: general
New system for assessing housing conditions
1    New system for assessing housing conditions and enforcing housing standards
2    Meaning of “category 1 hazard” and “category 2 hazard”
Procedure for assessing housing conditions
3    Local housing authorities to review housing conditions in their districts
4    Inspections by local housing authorities to see whether category 1 or 2 hazards exist
Enforcement of housing standards
5    Category 1 hazards: general duty to take enforcement action
6    Category 1 hazards: how duty under section 5 operates in certain cases
7    Category 2 hazards: powers to take enforcement action
8    Guidance about inspections and enforcement action
9    Consultation with fire authorities in certain cases
Chapter 2
Improvement notices, prohibition orders and hazard awareness notices
Improvement notices
10    Improvement notices relating to category 1 hazards: duty of authority to serve notice
11    Improvement notices relating to category 2 hazards: power of authority to serve notice
Bill 59 53/3
Housing Bill ii
12    Contents of improvement notices
13    Suspension of improvement notices
14    Revocation and variation of improvement notices
15    Operation of improvement notices
16    Review of suspended improvement notices
17    Service of improvement notices etc. and related appeals
18    Change in person liable to comply with improvement notice
Prohibition orders
19    Prohibition orders relating to category 1 hazards: duty of authority to make order
20    Prohibition orders relating to category 2 hazards: power of authority to make order
21    Contents of prohibition orders
22    Suspension of prohibition orders
23    Operation of prohibition orders
24    Revocation and variation of prohibition orders
25    Review of suspended prohibition orders
26    Service of copies of prohibition orders etc. and related appeals
Hazard awareness notices
27    Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice
28    Hazard awareness notices relating to category 2 hazards: power of authority to serve notice
Enforcement: improvement notices
29    Offence of failing to comply with improvement notice
30    Enforcement action by local housing authorities
Enforcement: prohibition orders
31    Offence of failing to comply with prohibition order etc.
32    Recovery of possession of premises in order to comply with order
33    Power of tribunal to determine or vary lease
Enforcement: improvement notices and prohibition orders
34    Power of court to order occupier or owner to allow action to be taken on premises
35    Power of court to authorise action by one owner on behalf of another
Supplementary provisions
36    Effect of improvement notices and prohibition orders as local land charges
37    Savings for rights arising from breach of covenant etc.
38    Effect of Part 4 enforcement action and redevelopment proposals
Housing Bill iii
Chapter 3
Emergency measures
Emergency remedial action
39    Emergency remedial action
40    Notice of emergency remedial action
41    Recovery of expenses of taking emergency remedial action
Emergency prohibition orders
42    Emergency prohibition orders
43    Contents of emergency prohibition orders
Appeals
44    Appeals relating to emergency measures
Chapter 4
Demolition orders and slum clearance declarations
Demolition orders
45    Demolition orders
Slum clearance declarations
46    Clearance areas
Appeals
47    Transfer of jurisdiction in respect of appeals relating to demolition orders etc.
Chapter 5
General and miscellaneous provisions relating to enforcement action
Recovery of expenses relating to enforcement action
48    Power to charge for certain enforcement action
49    Recovery of charge under section 48
Repeals
50    Repeal of power to improve existing enforcement procedures
51    Repeal of provisions relating to demolition of obstructive buildings
52    Miscellaneous repeals etc. in relation to fire hazards
Index
53    Index of defined expressions: Part 1
Housing Bill iv
Part 2
Licensing of houses in multiple occupation
Introductory
54    Licensing of HMOs to which this Part applies
Designation of additional licensing areas
55    Designation of areas subject to additional licensing
56    Designations under section 55: further considerations
57    Designation needs confirmation or general approval to be effective
58    Notification requirements relating to designations
59    Duration, review and revocation of designations
HMOs required to be licensed
60    Requirement for HMOs to be licensed
61    Temporary exemption from licensing requirement
Grant or refusal of licences
62    Applications for licences
63    Grant or refusal of licence
64    Tests as to suitability for multiple occupation
65    Tests for fitness etc. and satisfactory management arrangements
66    Licence conditions
67    Licences: general requirements and duration
Variation and revocation of licences
68    Variation of licences
69    Revocation of licences
Procedure and appeals
70    Procedural requirements and appeals against licence decisions
Enforcement
71    Offences in relation to licensing of HMOs
72    Further sanctions relating to unlicensed HMOs
Supplementary provisions
73    Transitional arrangements relating to introduction and termination of licensing
74    Meaning of “HMO”
75    Index of defined expressions: Part 2
Housing Bill v
Part 3
Selective licensing of other residential accommodation
Introductory
76    Licensing of houses to which this Part applies
Designation of selective licensing areas
77    Designation of selective licensing areas
78    Designations under section 77: further considerations
79    Designation needs confirmation or general approval to be effective
80    Notification requirements relating to designations
81    Duration, review and revocation of designations
Houses required to be licensed
82    Requirement for Part 3 houses to be licensed
83    Temporary exemption from licensing requirement
Grant or refusal of licences
84    Applications for licences
85    Grant or refusal of licence
86    Tests for fitness etc. and satisfactory management arrangements
87    Licence conditions
88    Licences: general requirements and duration
Variation and revocation of licences
89    Variation of licences
90    Revocation of licences
Procedure and appeals
91    Procedural requirements and appeals against licence decisions
Enforcement
92    Offences in relation to licensing of houses under this Part
93    Further sanctions relating to unlicensed Part 3 houses
Supplementary provisions
94    Meaning of “house” etc.
95    Index of defined expressions: Part 3
Housing Bill vi
Part 4
Additional control provisions in relation to residential accommodation
Introductory
96    Interim and final management orders: introductory
Interim management orders: making and operation of orders
97    Making of interim management orders
98    Special interim management orders
99    The health and safety condition
100    Operation of interim management orders
101    Local housing authority’s duties once interim management order in force
102    General effect of interim management orders
103    General effect of interim management orders: immediate landlords, mortgagees etc.
104    Financial arrangements while order is in force
Interim management orders: variation and revocation
105    Variation of interim management orders
106    Revocation of interim management orders
Final management orders: making and operation of orders
107    Making of final management orders
108    Operation of final management orders
109    Local housing authority’s duties once final management order in force
110    General effect of final management orders
111    General effect of final management orders: immediate landlords, mortgagees etc.
112    Management scheme and accounts
Final management orders: variation and revocation
113    Variation of final management orders
114    Revocation of final management orders
Interim and final management orders: procedure and appeals
115    Procedural requirements and appeals
Interim and final management orders: other general provisions
116    Effect of management orders: occupiers
117    Effect of management orders: agreements and legal proceedings
118    Effect of management orders: furniture
119    Management orders: power to supply furniture
120    Termination of management orders: financial arrangements
121    Termination of management orders: leases, agreements and proceedings
122    Management orders: power of entry to carry out work
Housing Bill vii
Overcrowding notices
123    Service of overcrowding notices
124    Contents of overcrowding notices
125    Requirement as to overcrowding generally
126    Requirement as to new residents
127    Appeals against overcrowding notices
128    Revocation and variation of overcrowding notices
Index
129    Index of defined expressions: Part 4
Part 5
Home information packs
Preliminary
130    Meaning of “residential property” and “home information pack”
131    Meaning of “on the market” and related expressions
132    Acting as estate agent
Responsibility for marketing residential properties
133    Responsibility for marketing: general
134    Responsibility of person acting as estate agent
135    Responsibility of the seller
Duties of a responsible person where a property is on the market
136    Application of sections 137 to 139
137    Duty to have a home information pack
138    Duty to provide copy of home information pack on request
139    Duty to ensure authenticity of documents in other situations
Other duties of person acting as estate agent
140    Other duties of person acting as estate agent
Exceptions from the duties
141    Residential properties not available with vacant possession
142    Power to provide for further exceptions
Contents of home information packs
143    Contents of home information packs
144    Home condition reports
Enforcement
145    Enforcement authorities
146    Power to require production of home information packs
147    Penalty charge notices

© Parliamentary copyright 2004	Revised 1 March 2004