(92-96)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  92  )

(a)
a requirement imposed by regulations made by virtue of this

paragraph, or

(b)
an order of the tribunal made by virtue of any such regulations.”
265
Page 225, leave out lines 20 to 22 and insert—

“( )
he has failed to comply with an order made by the tribunal;

( )
in accordance with regulations made by virtue of paragraph 5(4),

the tribunal dismisses, or allows, the whole or part of an

application or appeal by reason of his failure to comply with a

requirement imposed by regulations made by virtue of

paragraph 5;

( )
in accordance with regulations made by virtue of paragraph 9,

the tribunal dismisses the whole or part of an application or

appeal made by him to the tribunal; or”
Schedule 11
266
Page 226, line 16, after “fire” insert “and rescue”
267
Page 226, line 19, leave out sub-paragraph (2) and insert—

     “(2)
In sub-paragraph (1)(e) “fire and rescue authority” means a fire and

rescue authority under the Fire and Rescue Services Act 2004 (c. 21).”
268
Page 226, line 40, at end insert—

     “(3)
Sub-paragraph (4) applies in connection with any decision by the

appropriate national authority as to whether to make, or revoke, any

regulations specifying—

(a)
a particular educational establishment, or

(b)
a particular description of educational establishments.

      (4)
The appropriate national authority may have regard to the extent to

which, in its opinion—

(a)
the management by or on behalf of the establishment in question

of any building or buildings occupied for connected educational

purposes is in conformity with any code of practice for the time

being approved under section 197 which appears to the authority

to be relevant, or

(b)
the management of such buildings by or on behalf of

establishments of the description in question is in general in

conformity with any such code of practice,


as the case may be.

     (5)
In sub-paragraph (4) “occupied for connected educational purposes”, in

relation to a building managed by or on behalf of an educational

establishment, means occupied solely or principally by persons who

occupy it for the purpose of undertaking a full-time course of further or

higher education at the establishment.”
269
Page 227, line 8, leave out “by” and insert “only by persons within the following

paragraphs”
270
Page 227, line 12, leave out “and”
Schedule 12
271
Page 227, line 38, leave out paragraph 2 and insert—

(  93  )

“2
The Land Compensation Act 1973 has effect subject to the following

amendments.

2A    (1)
Section 29 (right to home loss payment where person displaced from

dwelling) is amended as follows.

      (2)
In subsection (1)—

(a)
for paragraph (b) substitute—

“(b)
the making of a housing order in respect of the

dwelling;”; and

(b)
in paragraph (ii) for the words from “the order” onwards

substitute “the housing order;”.

      (3)
In subsection (3A) for the words from “the acceptance” onwards

substitute “the carrying out of any improvement to the dwelling unless

he is permanently displaced from it in consequence of the carrying out

of that improvement.”

      (4)
For subsection (7) substitute—

“(7)
In this section “a housing order” means—

(a)
a prohibition order under section 19 or 20 of the Housing

Act 2004, or

(b)
a demolition order under section 265 of the Housing Act

1985.”

2B    (1)
Section 33D (loss payments: exclusions) is amended as follows.

      (2)
In subsection (4) for paragraphs (b) and (c) substitute—

“(b)
notice under section 10 of the Housing Act 2004

(improvement notice relating to category 1 hazard);

(c)
notice under section 11 of that Act (improvement notice

relating to category 2 hazard);”.

      (3)
For subsection (5) substitute—

“(5)
These are the orders—

(a)
an order under section 19 of the Housing Act 2004

(prohibition order relating to category 1 hazard);

(b)
an order under section 20 of that Act (prohibition order

relating to category 2 hazard);

(c)
an order under section 42 of that Act (emergency

prohibition orders);

(d)
an order under section 265 of the Housing Act 1985

(demolition order relating to category 1 or 2 hazard).”

2C    (1)
Section 37 (disturbance payments for persons with compensatable

interests) is amended as follows.

      (2)
In subsection (1)—

(a)
for paragraph (b) substitute—

“(b)
the making of a housing order in respect of a house or

building on the land;”; and

(b)
in paragraph (ii) for the words from “the order” onwards

substitute “the housing order;”.

      (3)
In subsection (2)(c) for “closing” substitute “prohibition”.

      (4)
In subsection (3) for the words from “any such order” onwards

substitute “a housing order within paragraph (b) of that subsection

(  94  )

unless he was in lawful possession as aforesaid at the time when the

order was made.”

      (5)
In subsection (3A) for the words from “the acceptance” onwards

substitute “the carrying out of any improvement to a house or building

unless he is permanently displaced in consequence of the carrying out of

that improvement.”

      (6)
In subsection (9) omit “or undertaking”.

2D    (1)
Section 39 (duty to rehouse residential occupiers) is amended as follows.

      (2)
In subsection (1) for paragraph (b) substitute—

“(b)
the making of a housing order in respect of a house or

building on the land;”.

      (3)
In subsection (6) for the words from “any such order” onwards

substitute “a housing order within paragraph (b) of that subsection

unless he was residing in the accommodation in question at the time

when the order was made.”

      (4)
In subsection (6A) for the words from “the acceptance” onwards

substitute “the carrying out of any improvement to a house or building

unless he is permanently displaced from the residential accommodation

in question in consequence of the carrying out of that improvement.”

      (5)
In subsection (9) omit “or undertaking”.”
272
Page 228, line 27, at end insert—

“Mobile Homes Act 1983 (c. 34)


In section 2 of the Mobile Homes Act 1983 (terms of agreements) after

subsection (4) insert—

“(5)
The supplementary provisions in Part 3 of Schedule 1 to this Act

have effect for the purposes of paragraphs 8 and 9 of Part 1 of that

Schedule.””
273
Page 229, leave out lines 2 to 21 and insert—

“268
Service of copies of demolition order

(1)
A local housing authority who have made a demolition order

must serve a copy of the order on every person who, to their

knowledge, is—

(a)
an owner or occupier of the whole or part of the premises

to which the order relates,

(b)
authorised to permit persons to occupy the whole or part

of those premises, or

(c)
a mortgagee of the whole or part of the premises.

(2)
The copies required to be served under subsection (1) shall be

served within the period of seven days beginning with the day

on which the order is made.

(3)
A copy of the order is to be regarded as having been served on

every occupier in accordance with subsections (1) and (2) if a

copy of the order is fixed to some conspicuous part of the

(  95  )

premises within the period of seven days mentioned in

subsection (2).

(4)
A demolition order against which no appeal is brought under

section 269 becomes operative at the end of the period of 28 days

beginning with the day on which the order is made and is final

and conclusive as to matters which could be raised on an appeal.

(5)
Section 209 of the Housing Act 2004 (service of documents)—

(a)
applies in relation to copies required to be served under

this section (instead of section 617 below), and

(b)
so applies as it applies in relation to documents required

to be served under any provision of Parts 1 to 4 of that

Act.”

8A
In section 269(1) (right of appeal against demolition or closing order) for

the words from “demolition or closing order” to “the order,” substitute

“demolition order may, within the period of 28 days beginning with the

day on which the order is made,”.

9
After section 269 insert—”
274
Page 231, line 6, leave out “an interim or final management order under” and insert

“a management order under Chapter 1 or 2 of”
275
Page 231, line 40, leave out “265(1) or (2) to make a demolition order” and insert “5

of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of

this Act”
276
Page 232, line 13, leave out from “which” to “approved” in line 15 and insert

“imposes in relation to the whole of the dwelling, house in multiple occupation or

building a prohibition on its use for all purposes other than any purpose”
277
Page 233, line 33, leave out “section 1(5) to (7)” and insert “sections 1(5) to (7) and

2(1)”
278
Page 236, line 5, leave out from “which” to end of line 7 and insert “imposes in

relation to the whole of any premises a prohibition on their use for all purposes

other than any purpose approved by the authority.””
279
Page 238, line 37, at end insert—


“In section 54 (determinations requiring approval), at the end of

paragraph (b) insert “or

(c)
any determination under section 27B (transfer of

property funded by grants under section 27A),”.”
280
Page 239, line 22, at end insert—

“Local Government Act 2003 (c. 26)


In section 87 of the Local Government Act 2003 (c. 26) (housing strategies

and statements) for subsection (4) substitute—

“(4)
In this section—


“housing” includes accommodation needs for gypsies and

travellers within the meaning of section (Duties of local

(  96  )

housing authorities: accommodation needs of gypsies and

travellers) of the Housing Act 2004;


“local housing authority” has the same meaning as in the

Housing Act 1985 (c. 68).””
Schedule 13
281
Page 239, column 2, leave out line 32 and insert—

“In section 37(9), the words “or undertaking”.

In section 39(9), the words “or undertaking”.”

282
Page 240, column 2, leave out lines 20 and 21 and insert—

“Section 269(2A) and (3A).”

283
Page 241, line 8, at end insert—

“Housing (Consequential
In Schedule 2, paragraph 24(2)(d).”

Provisions) Act 1985 (c. 71)

In the Title
284
Line 5, after “homes” insert “and the accommodation needs of gypsies and

travellers”