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House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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Clause 203
214
Page 155, line 2, after “order” insert “to carry out an inspection under section 4(1)

or otherwise”
215
Page 155, line 6, leave out “an interim or final management order is in force under”

and insert “a management order is in force under Chapter 1 or 2 of”
216
Page 155, line 8, leave out subsection (2) and insert—

“(1A)
Subsection (2) also applies where the proper officer of the local housing

authority considers that a survey or examination of any premises is

necessary in order to carry out an inspection under section 4(2).

(2)
Where this subsection applies—

(a)
a person authorised by the local housing authority (in a case within

subsection (1)), or

(b)
the proper officer (in a case within subsection (1A)),


may enter the premises in question at any reasonable time for the purpose

of carrying out a survey or examination of the premises.”
217
Page 155, line 12, after “under” insert “Chapter 1 of”
218
Page 155, line 21, after “person” insert “or proper officer”
Clause 204
219
Page 156, line 15, after “order” insert “to carry out an inspection under section 4(1)

or (2) or otherwise”
220
Page 156, line 21, leave out “an interim or final management order is in force

under” and insert “a management order is in force under Chapter 1 or 2 of”
After Clause 206
221
Insert the following new Clause—

“Authorisations for enforcement purposes etc.

(1)
This section applies to any authorisation given for the purposes of any of

the following provisions—

(a)
section 122 (management orders: power of entry to carry out work),

(b)
section 199 (power to require documents to be produced),

(c)
section 203 (powers of entry),

(d)
paragraph 3(4) of Schedule 3 (improvement notices: power to enter

to carry out work), and

(e)
paragraph 25 of Schedule (Further provisions regarding empty

dwelling management orders) (EDMOs: power of entry to carry out

work).

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(2)
Any such authorisation must be given by the appropriate officer of the local

housing authority.

(3)
For the purposes of this section a person is an “appropriate officer” of a

local housing authority, in relation to an authorisation given by the

authority, if either—

(a)
he is a deputy chief officer of the authority (within the meaning of

section 2 of the Local Government and Housing Act 1989 (c. 42)),

and

(b)
the duties of his post consist of or include duties relating to the

exercise of the functions of the authority in connection with which

the authorisation is given,


or he is an officer of the authority to whom such a deputy chief officer

reports directly, or is directly accountable, as respects duties so relating.”
Clause 209
222
Page 158, line 14, leave out from “premises” to end of line 16
223
Page 158, line 17, after “under” insert “Chapter 1 of”
224
Page 158, line 31, after “under” insert “Chapter 1 of”
225
Page 158, line 41, at end insert—

“( )
Subsection (1)(c) or (5)(c) applies whether the provision requiring or

authorising service of the document refers in terms to a person having an

estate or interest in premises or instead refers to a class of person having

such an estate or interest (such as owners, lessees or mortgagees).”
226
Page 159, line 7, after “section” insert—

“(a)
references to a person managing premises include references to a

person authorised to permit persons to occupy premises; and

(b)”
Clause 213
227
Page 161, line 11, leave out subsections (5) and (6) and insert—

“(5)
Subsection (4) does not apply to any order under section 231 or paragraph

3 of Schedule (Provisions relating to tenancy deposit schemes).

(6)
Subsection (4) also does not apply to—

(a)
any order under section 54(3) which makes the provision

authorised by section 54(4),

(b)
any order under section 77(5) or (7),

(c)
any order under section 187 or 194(3),

(d)
any order under section 226(2) which modifies any provision of an

Act,

(e)
any regulations under section 217(6),

(f)
any regulations under paragraph 3 of Schedule 4 or paragraph 11 of

Schedule (Provisions relating to tenancy deposit schemes), or

(g)
any regulations made by virtue of paragraph 11(3)(b) or 12(3)(b) of

Schedule 10;


and no such order or regulations may be made by the Secretary of State

(whether alone or with other provisions) unless a draft of the statutory

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instrument containing the order or regulations has been laid before, and

approved by a resolution of, each House of Parliament.”
Clause 217
228
Page 162, line 27, leave out “a declaration notice” and insert “an HMO declaration”
229
Page 162, line 39, leave out from “provided” to “occupation” in line 40 and insert

“in respect of at least one of those persons’”
230
Page 163, line 17, leave out from “provided” to “occupation” in line 18 and insert

“in respect of at least one of those persons’”
231
Page 163, line 28, at end insert—

“(aa)
provide for such amendments to have effect also for the purposes

of definitions in other enactments that operate by reference to this

Act;”
232
Page 163, line 38, leave out lines 38 to 41 and insert—


““converted building” means a building or part of a building

consisting of living accommodation in which one or more units of

such accommodation have been created since the building or part

was constructed;”
Clause 221
233
Page 167, leave out lines 4 to 7 and insert—

“(b)
one of them is a relative of the other, or

(c)
one of them is, or is a relative of, one member of a couple and the

other is a relative of the other member of the couple.

(4)
For those purposes—

(a)
a “couple” means two persons who are married to each other or

otherwise fall within subsection (3)(a);

(aa)
“relative” means parent, grandparent, child, grandchild, brother,

sister, uncle, aunt, nephew, niece or cousin;”
After Clause 222
234
Insert the following new Clause—


“HMOs: presumption that sole use condition or significant use condition

is met

(1)
Where a question arises in any proceedings as to whether either of the

following is met in respect of a building or part of a building—

(a)
the sole use condition, or

(b)
the significant use condition,


it shall be presumed, for the purposes of the proceedings, that the condition

is met unless the contrary is shown.

(2)
In this section—

(a)
“the sole use condition” means the condition contained in—

(i)
section 217(2)(d) (as it applies for the purposes of the

standard test or the self-contained flat test), or

(ii)
section 217(4)(e),

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as the case may be; and

(b)
“the significant use condition” means the condition contained in

section 218(2) that the occupation of the living accommodation or

flat referred to in that provision by persons who do not form a

single household constitutes a significant use of that

accommodation or flat.”
Clause 224
235
Page 168, line 34, at end insert—


“And see sections (General effect of interim management orders: leases and

licences granted by authority) and (General effect of final management orders:

leases and licences granted by authority) and paragraphs 3 and 11 of Schedule

(Further provisions regarding empty dwelling management orders) (which also

extend the meaning of references to leases).”
236
Page 169, line 5, leave out “or sections 203 and 204” and insert “and has effect

subject to any other provision defining “occupier” for any purposes of this Act”
237
Page 169, line 21, at end insert—


“And see sections (General effect of interim management orders: leases and

licences granted by authority) and (General effect of final management orders:

leases and licences granted by authority) and paragraphs 3 and 11 of Schedule

(Further provisions regarding empty dwelling management orders) (which also

extend the meaning of references to licences).”
Clause 225
238
Page 170, line 2, leave out “Part 3 house” and insert “house to which Part 3 applies”
After Clause 225
239
Insert the following new Clause—

“Calculation of numbers of persons

(1)
The appropriate national authority may prescribe rules with respect to the

calculation of numbers of persons for the purposes of—

(a)
any provision made by or under this Act which is specified in the

rules, or

(b)
any order or licence made or granted under this Act of any

description which is so specified.

(2)
The rules may provide—

(a)
for persons under a particular age to be disregarded for the

purposes of any such calculation;

(b)
for persons under a particular age to be treated as constituting a

fraction of a person for the purposes of any such calculation.

(3)
The rules may be prescribed by order or regulations.”
Clause 231
240
Page 171, line 7, at end insert “(Calculation of numbers of persons),”