Housing and Regeneration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Schedule 8 — Penalty charge notices
160

Schedule 8
Section 248(3)

Penalty charge notices
Contents of notice
1
A penalty charge notice given to a person under section 248 by an officer of
an enforcement authority must—
5
(a)
state the officer’s belief that the person has committed a breach of
duty,
(b)
give such particulars of the circumstances as may be necessary to
give reasonable notice of the breach of duty,
(c)
require the person, within a period specified in the notice—
10
(i)
to pay a penalty charge specified in the notice, or
(ii)
to give notice to the enforcement authority that the person
wishes the authority to review the notice,
(d)
state the effect of paragraph 7,
(e)
specify the person to whom, and the address at which, the penalty
15
charge may be paid and the method or methods by which payment
may be made, and
(f)
specify the person to whom, and the address at which, a notice
requesting a review may be sent (and to which any representations
relating to the review may be addressed).
20
2
The penalty charge specified in the notice shall be of such amount (not
exceeding £1,000) as may be prescribed for the time being by regulations
made by the appropriate national authority.
3     (1)
The period specified under paragraph 1(c) must not be less than 28 days
beginning with the day after that on which the penalty charge notice was
25
given.
      (2)
The enforcement authority may extend the period for complying with the
requirement mentioned in paragraph 1(c) in any particular case if it
considers it appropriate to do so.
Review and withdrawal of notice
30
4     (1)
Sub-paragraph (2) applies if, within the period specified under paragraph
1(c) (or that period as extended under paragraph 3(2)), the recipient of the
penalty charge notice gives notice to the enforcement authority requesting a
review.
      (2)
The enforcement authority must—
35
(a)
consider any representations made by the recipient and all other
circumstances of the case,
(b)
decide whether to confirm or withdraw the notice, and
(c)
give notice of its decision to the recipient.
      (3)
A notice under sub-paragraph (2)(c) confirming the penalty charge notice
40
must also state the effect of paragraphs 6(1) to (4).
      (4)
The enforcement authority must withdraw the penalty charge notice if it is
not satisfied of one (or more) of the following—

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Schedule 8 — Penalty charge notices
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(a)
that the recipient committed the breach of duty specified in the
notice,
(b)
that the notice was given within the time allowed by section 248(2)
and complies with the other requirements imposed by virtue of this
Schedule, or
5
(c)
that, in the circumstances of the case, it was appropriate for a penalty
charge notice to be given to the recipient.
5
The enforcement authority may give the recipient of a penalty charge notice
a notice withdrawing the penalty charge notice if the authority considers
that the penalty charge notice ought not to have been given.
10
Appeals
6     (1)
The recipient of a penalty charge notice may appeal to the county court
against the notice if the notice is confirmed by the enforcement authority
after a review.
      (2)
The appeal must be made within the period of 28 days beginning with the
15
day after that on which the notice under paragraph 4(2)(c) is given.
      (3)
The county court may extend the period for appealing against the notice.
      (4)
An appeal must be on one (or more) of the following grounds—
(a)
that the recipient did not commit the breach of duty specified in the
penalty charge notice,
20
(b)
that the notice was not given within the time allowed by section
248(2) or does not comply with any other requirement imposed by
virtue of this Schedule, or
(c)
that in the circumstances of the case it was inappropriate for the
notice to be given to the recipient.
25
      (5)
An appeal is to be by way of a rehearing.
      (6)
On an appeal the court is to uphold the notice or quash it.
Recovery of penalty charge
7     (1)
The amount of the penalty charge is recoverable from the recipient of the
penalty charge notice as a debt owed to the enforcement authority unless—
30
(a)
the notice has been withdrawn or quashed, or
(b)
the charge has been paid.
      (2)
Proceedings for the recovery of the penalty charge may not be started before
the end of the period mentioned in paragraph 4(1).
      (3)
Sub-paragraph (4) applies if, within that period, the recipient of the penalty
35
charge notice gives notice to the enforcement authority that the recipient
wishes the authority to review the penalty charge notice.
      (4)
Proceedings for the recovery of the penalty charge may not be started—
(a)
before the end of the period mentioned in paragraph 6(2), and
(b)
where the recipient appeals against the penalty charge notice, before
40
the end of the period of 28 days beginning with the day on which the
appeal is withdrawn or determined.
8
In proceedings for the recovery of the penalty charge, a certificate which—

Housing and Regeneration Bill
Schedule 9 — Disposals of dwelling-houses by local authorities
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(a)
purports to be signed by, or on behalf of, the person having
responsibility for the financial affairs of the enforcement authority,
and
(b)
states that payment of the penalty charge was, or was not, received
by a date specified in the certificate,
5

is evidence of the facts stated.
Repayments
9
The enforcement authority must repay any amount previously paid as a
penalty charge in pursuance of a penalty charge notice if the notice is
withdrawn or quashed.
10
Supplementary
10    (1)
A penalty charge notice and any other notice mentioned in this Schedule
may be given by post.
      (2)
Any such notice may be given—
(a)
in the case of a body corporate (other than a limited liability
15
partnership), to the secretary or clerk of that body,
(b)
in the case of a limited liability partnership, to any member or to any
person having control or management of the partnership business,
(c)
in the case of any other partnership, to any partner or to any person
having control or management of the partnership business, and
20
(d)
in the case of an unincorporated association, to any member or to any
person having control or management of the affairs of the
association.
11    (1)
The appropriate national authority may by regulations make provision
supplementary or incidental to the preceding provisions of this Schedule.
25
      (2)
Such provision may, in particular, include—
(a)
provision prescribing—
(i)
the form of penalty charge notices or any other notice
mentioned in this Schedule,
(ii)
circumstances in which penalty charge notices may not be
30
given,
(iii)
the method or methods by which penalty charges may be
paid,
(b)
provision about the service of notices.
Schedule 9
35
Section 267

Disposals of dwelling-houses by local authorities
Housing Act 1985 (c. 68)
1     (1)
The Housing Act 1985 is amended as follows.
      (2)
In section 34 (consents in relation to disposals of land held for housing
purposes)—
40

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Schedule 9 — Disposals of dwelling-houses by local authorities
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(a)
in subsection (4A), after “disposal;” at the end of paragraph (c),
insert—
“(ca)
in the case of a proposed large scale disposal by a local
authority in England, the Secretary of State’s estimate
of the exchequer costs of the large scale disposal;”,
5
and
(b)
after subsection (4A) insert—
“(4AA)
The estimate mentioned in subsection (4A)(ca) is to be based
on such assumptions (including as to the period during
which housing subsidies may be payable) as the Secretary of
10
State may determine, regardless of whether those
assumptions are, or are likely to be, borne out by events.
(4AB)
In this section—
“dwelling-house” has the same meaning as in Part 5 of
this Act except that it does not include a hostel or any
15
part of a hostel;
“the exchequer costs”, in relation to a large scale
disposal, means any increase which is or may be
attributable to the disposal in the aggregate of any
housing subsidies;
20
“housing subsidies” means any subsidies payable
under—
(a)
section 140A of the Social Security
Administration Act 1992 (subsidy); or
(b)
section 79 of the Local Government and
25
Housing Act 1989 (Housing Revenue Account
subsidy);
“large scale disposal” means a disposal of one or more
dwelling-houses by a local authority to a person
where—
30
(a)
the number of dwelling-houses included in
the disposal; and
(b)
the number of dwelling-houses which, in the
relevant period, have previously been
disposed of by the authority to that person, or
35
that person and any of the person’s associates
taken together,
exceeds 499 or, if the Secretary of State by order so
provides, such other number as may be specified in
the order;
40
“long lease” means a lease for a term of years certain
exceeding 21 years other than a lease which is
terminable before the end of that term by notice given
by or to the landlord;
“the relevant period”, in relation to a large scale disposal
45
means—
(a)
the period of 5 years ending with the date of
the disposal; or
(b)
if the Secretary of State by order so provides,
such other period ending with that date as
50
may be specified in the order;

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Schedule 9 — Disposals of dwelling-houses by local authorities
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“subsidiary” has the same meaning as in section 61 of
the Housing Act 1996 but as if references in
subsection (2) of that section and section 60 of that Act
to registered social landlords and landlords were
references to housing associations (within the
5
meaning of the Housing Associations Act 1985).
(4AC)
For the purposes of this section—
(a)
a disposal of any dwelling-house is to be disregarded
if at the time of the disposal the local authority’s
interest in the dwelling-house is or was subject to a
10
long lease;
(b)
two persons are associates of each other if—
(i)
one of them is a subsidiary of the other;
(ii)
they are both subsidiaries of some other
person; or
15
(iii)
there exists between them such relationship or
other connection as may be specified in a
determination made by the Secretary of State;
and
(c)
a description of an authority may be framed by
20
reference to any circumstances whatever.
(4AD)
An order made by the Secretary of State under this section—
(a)
is to be made by statutory instrument which is subject
to annulment in pursuance of a resolution of either
House of Parliament;
25
(b)
may make different provision for different cases or
descriptions of case, or for different authorities or
descriptions of authority; and
(c)
may contain such transitional and supplementary
provisions as appear to the Secretary of State to be
30
necessary or expedient.
(4AE)
A determination under this section—
(a)
may make different provision for different cases or
descriptions of case, or for different authorities or
descriptions of authority; and
35
(b)
may be varied or revoked by a subsequent
determination.”
      (3)
In section 43 (consent required for certain disposals not within section 32)—
(a)
in subsection (4A), after “disposal;” at the end of paragraph (c),
insert—
40
“(ca)
in the case of a proposed disposal which is part of a
proposed large scale disposal by a local authority in
England, the Secretary of State’s estimate of the
exchequer costs of the large scale disposal;”, and
(b)
after subsection (4A) insert—
45
“(4AA)
The estimate mentioned in subsection (4A)(ca) is to be based
on such assumptions (including as to the period during
which housing subsidies may be payable) as the Secretary of

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Schedule 9 — Disposals of dwelling-houses by local authorities
165

State may determine, regardless of whether those
assumptions are, or are likely to be, borne out by events.
(4AB)
Subsections (4AB) to (4AE) of section 34 apply for the
purposes of this section as they apply for the purposes of that
section.”, and
5
(c)
in subsection (5A) after “this section” insert “(other than in
subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as
applied for the purposes of this section)”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
2     (1)
The Leasehold Reform, Housing and Urban Development Act 1993 is
10
amended as follows.
      (2)
Omit section 135 (programmes for disposals of dwelling-houses by local
authorities).
      (3)
In section 136 (levy on disposals) for subsection (14) substitute—
“(14)
In this section—
15
“the 1989 Act” means the Local Government and Housing Act
1989;
“dwelling-house” has the same meaning as in Part 5 of the 1985
Act except that it does not include a hostel (as defined in
section 622 of that Act) or any part of a hostel;
20
“local authority” has the meaning given by section 4 of that Act;
“long lease” means a lease for a term of years certain exceeding
21 years other than a lease which is terminable before the end
of that term by notice given by or to the landlord;
“subsidiary” has the same meaning as in section 61 of the
25
Housing Act 1996 but as if references in subsection (2) of that
section and section 60 of that Act to registered social
landlords and landlords were references to housing
associations (within the meaning of the Housing
Associations Act 1985).
30
(15)
For the purposes of this section—
(a)
a disposal of any dwelling-house is to be disregarded if at the
time of the disposal the local authority’s interest in the
dwelling-house is or was subject to a long lease;
(b)
two persons are associates of each other if—
35
(i)
one of them is a subsidiary of the other;
(ii)
they are both subsidiaries of some other person; or
(iii)
there exists between them such relationship or other
connection as may be specified in a determination
made by the Secretary of State; and
40
(c)
a description of authority may be framed by reference to any
circumstances whatever.”
      (4)
Omit section 137(1) to (3) (disposals: transitional provisions in relation to
section 135).