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Other Bills before Parliament

Housing Bill


Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous

149

 

(f)   

the powers of the Social Housing Ombudsman for Wales for the

purposes of his investigations (including powers to consult and

co-operate with other persons), and the procedure to be

followed in the conduct of investigations;

(g)   

the powers of the Social Housing Ombudsman for Wales on

5

making a determination, which may include power—

(i)   

to make recommendations as to action to be taken to

remedy any injustice to the person aggrieved and to

prevent any similar injustice being caused in the future,

(ii)   

to make orders with regard to the payment of

10

compensation or to order that a person is not to exercise,

or require the performance of, certain rights or

obligations, and

(iii)   

to publish statements, or to make orders requiring the

publication of statements, that a person has failed to

15

comply with an order mentioned in sub-paragraph (ii);

(h)   

the manner in which determinations are to be—

(i)   

communicated to the complainant and the person

against whom the complaint was made; and

(ii)   

published (with or without excisions).

20

(3)   

Regulations under this section may contain such supplementary,

incidental, consequential or transitional provisions and savings as the

National Assembly for Wales considers appropriate.

(4)   

Regulations under this section may make different provision for

different cases or descriptions of case.

25

(5)   

Regulations under this section shall be made by statutory instrument.

51C     

Meaning of “social landlord in Wales”

(1)   

“Social landlord in Wales” means—

(a)   

a body which is registered as a social landlord in the register

maintained by the National Assembly for Wales under section

30

1 of this Act;

(b)   

a body which was at any time registered as a social landlord in

that register (or in the register previously maintained under that

section by the Secretary of State or Housing for Wales); and

(c)   

any other body which was at any time registered with Housing

35

for Wales, the Secretary of State or the National Assembly for

Wales and which owns or manages publicly-funded dwellings.

(2)   

In subsection (1)(c) a “publicly-funded” dwelling means a dwelling

which was—

(a)   

provided by means of a grant under—

40

(i)   

section 18 of this Act (social housing grant); or

(ii)   

section 50 of the Housing Act 1988, section 41 of the

Housing Associations Act 1985, or section 29 or 29A of

the Housing Act 1974 (housing association grant); or

(b)   

acquired on a disposal by a public sector landlord.

45

(3)   

The National Assembly for Wales may by order made by statutory

instrument add to or amend the descriptions of landlords who are to be

treated as social landlords in Wales.

 

 

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Part 7 — Supplementary and final provisions

150

 

(4)   

Before making any such order the National Assembly for Wales shall

consult such persons as it considers appropriate.

(5)   

Any such order may contain such supplementary, incidental,

consequential or transitional provisions and savings as the National

Assembly for Wales considers appropriate.”

5

(3)   

After Schedule 2 to that Act there is inserted, as Schedule 2A, the Schedule set

out in Schedule 9 to this Act.

(4)   

In Schedule 4 to the Local Government Act 1974 (c. 7), in paragraph 1(3)

(validity of acts despite disqualification for being appointed as, or for being, a

Local Commissioner) after “office” there is inserted “or in the office of Social

10

Housing Ombudsman for Wales”.

Part 7

Supplementary and final provisions

Residential property tribunals

194     

Residential property tribunals

15

(1)   

Any jurisdiction conferred on a residential property tribunal by or under any

enactment is exercisable by a rent assessment committee constituted in

accordance with Schedule 10 to the Rent Act 1977 (c. 42).

(2)   

When so constituted for exercising any such jurisdiction a rent assessment

committee is known as a residential property tribunal.

20

(3)   

The appropriate national authority may by order make provision for and in

connection with conferring on residential property tribunals, in relation to

such matters as are specified in the order, such jurisdiction as is so specified.

(4)   

An order under subsection (3) may modify an enactment (including this Act).

(5)   

Schedule 10 (Residential property tribunals: procedure) has effect.

25

195     

Appeals from residential property tribunals

(1)   

A party to proceedings before a residential property tribunal may appeal to the

Lands Tribunal from a decision of the residential property tribunal.

(2)   

But the appeal may only be made—

(a)   

with the permission of the residential property tribunal or the Lands

30

Tribunal, and

(b)   

within the time specified by rules under section 3(6) of the Lands

Tribunal Act 1949 (c. 42).

(3)   

On the appeal—

(a)   

the Lands Tribunal may exercise any power which was available to the

35

residential property tribunal, and

(b)   

a decision of the Lands Tribunal may be enforced in the same way as a

decision of the residential property tribunal.

 

 

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Part 7 — Supplementary and final provisions

151

 

(4)   

Section 11(1) of the Tribunals and Inquiries Act 1992 (c. 53) (appeals from

certain tribunals to High Court) does not apply to any decision of a residential

property tribunal.

(5)   

For the purposes of section 3(4) of the Lands Tribunal Act 1949 (c. 42) (which

enables a person aggrieved by a decision of the Lands Tribunal to appeal to the

5

Court of Appeal) a residential property tribunal is not to be regarded as an

aggrieved person.

Register of licences and management orders

196     

Register of licences and management orders

(1)   

Every local housing authority must establish and maintain a register of—

10

(a)   

all licences granted by them under Part 2 or 3 which are in force;

(b)   

all temporary exemption notices served by them under section 61 or

section 83 which are in force; and

(c)   

all interim and final management orders made by them under Part 4

which are in force.

15

(2)   

The register may, subject to any requirements that may be prescribed, be in

such form as the authority consider appropriate.

(3)   

Each entry in the register is to contain such particulars as may be prescribed.

(4)   

The authority must ensure that the contents of the register are available at the

authority’s head office for inspection by members of the public at all

20

reasonable times.

(5)   

If requested by a person to do so and subject to payment of such reasonable fee

(if any) as the authority may determine, a local housing authority must supply

the person with a copy (certified to be true) of the register or of an extract from

it.

25

(6)   

A copy so certified is prima facie evidence of the matters mentioned in it.

(7)   

In this section “prescribed” means prescribed by regulations made by the

appropriate national authority.

Codes of practice and management regulations relating to HMOs

197     

Approval of codes of practice with regard to the management of HMOs

30

(1)   

The appropriate national authority may by order—

(a)   

approve a code of practice (whether prepared by that authority or

another person) laying down standards of conduct and practice to be

followed with regard to the management of houses in multiple

occupation;

35

(b)   

approve a modification of such a code; or

(c)   

withdraw the authority’s approval of such a code or modification.

(2)   

Before approving a code of practice or a modification of a code of practice

under this section the appropriate national authority must take reasonable

steps to consult—

40

 

 

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Part 7 — Supplementary and final provisions

152

 

(a)   

persons involved in the management of houses in multiple occupation

and persons occupying such houses, or

(b)   

persons whom the authority considers to represent the interests of

those persons.

(3)   

The appropriate national authority may only approve a code of practice or a

5

modification of a code if satisfied that—

(a)   

the code or modification has been published (whether by the authority

or by another person) in a manner that the authority considers

appropriate for the purpose of bringing the code or modification to the

attention of those likely to be affected by it; or

10

(b)   

arrangements have been made for the code or modification to be so

published.

(4)   

The appropriate national authority may approve a code of practice which

makes different provision in relation to different cases or descriptions of case

(including different provision for different areas).

15

(5)   

A failure to comply with a code of practice for the time being approved under

this section does not of itself make a person liable to any civil or criminal

proceedings.

198     

Management regulations in respect of HMOs

(1)   

The appropriate national authority may by regulations make provision for the

20

purpose of ensuring that, in respect of every house in multiple occupation of a

description specified in the regulations—

(a)   

there are in place satisfactory management arrangements; and

(b)   

satisfactory standards of management are observed.

(2)   

The regulations may, in particular, impose duties on persons occupying a

25

house for the purpose of ensuring that the person managing the house can

effectively carry out any duty imposed on him by the regulations.

(3)   

A person commits an offence if he fails to comply with a regulation under this

section.

(4)   

In proceedings against a person for an offence under subsection (3) it is a

30

defence that he had a reasonable excuse for not complying with the regulation.

(5)   

A person who commits an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Information provisions

199     

Power to require documents to be produced

35

(1)   

The powers conferred by this section are exercisable by or on behalf of a local

housing authority—

(a)   

for any purpose connected with the exercise of any of the authority’s

functions under any of Parts 1 to 4 in relation to any premises, or

(b)   

for the purpose of investigating whether any offence has been

40

committed under any of those Parts in relation to any premises.

(2)   

A local housing authority may give a notice to a relevant person requiring

him—

 

 

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Part 7 — Supplementary and final provisions

153

 

(a)   

to produce any documents which—

(i)   

are specified or described in the notice, or fall within a category

of document which is specified or described in the notice, and

(ii)   

are in his custody or under his control, and

(b)   

to produce them at a time and place so specified and to a person so

5

specified.

(3)   

The notice must include information about the possible consequences of not

complying with the notice.

(4)   

The person to whom any document is produced in accordance with the notice

may copy the document.

10

(5)   

No person may be required under this section to produce any document which

he would be entitled to refuse to provide in proceedings in the High Court on

grounds of legal professional privilege.

(6)   

In this section “document” includes information recorded otherwise than in

legible form, and in relation to information so recorded, any reference to the

15

production of a document is a reference to the production of a copy of the

information in legible form.

(7)   

In this section “relevant person” means, in relation to any premises, a person

within any of the following paragraphs—

(a)   

a person who is, or is proposed to be, the holder of a licence under Part

20

2 or 3 in respect of the premises, or a person on whom any obligation or

restriction under such a licence is, or is proposed to be, imposed,

(b)   

a person who has an estate or interest in the premises,

(c)   

a person who is, or is proposing to be, managing or having control of

the premises,

25

(d)   

a person who is, or is proposing to be, otherwise involved in the

management of the premises,

(e)   

a person who occupies the premises.

200     

Enforcement of powers to obtain information

(1)   

A person commits an offence if he fails to do anything required of him by a

30

notice under section 199.

(2)   

In proceedings against a person for an offence under subsection (1) it is a

defence that he had a reasonable excuse for failing to comply with the notice.

(3)   

A person who commits an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

35

(4)   

A person commits an offence if he intentionally alters, suppresses or destroys

any document which he has been required to produce by a notice under section

199.

(5)   

A person who commits an offence under subsection (4) is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

40

maximum;

(b)   

on conviction on indictment, to a fine.

(6)   

In this section “document” includes information recorded otherwise than in

legible form, and in relation to information so recorded—

 

 

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Part 7 — Supplementary and final provisions

154

 

(a)   

the reference to the production of a document is a reference to the

production of a copy of the information in legible form, and

(b)   

the reference to suppressing a document includes a reference to

destroying the means of reproducing the information.

201     

Use of information obtained for certain other statutory purposes

5

(1)   

A local housing authority may use any information to which this section

applies—

(a)   

for any purpose connected with the exercise of any of the authority’s

functions under any of Parts 1 to 4 in relation to any premises, or

(b)   

for the purpose of investigating whether any offence has been

10

committed under any of those Parts in relation to any premises.

(2)   

This section applies to any information which has been obtained by the

authority in the exercise of functions under—

(a)   

section 134 of the Social Security Administration Act 1992 (c. 5)

(housing benefit), or

15

(b)   

Part 1 of the Local Government Finance Act 1992 (c. 14) (council tax).

202     

False or misleading information

(1)   

A person commits an offence if—

(a)   

he supplies any information to a local housing authority in connection

with any of their functions under any of Parts 1 to 4 or this Part,

20

(b)   

the information is false or misleading, and

(c)   

he knows that it is false or misleading or is reckless as to whether it is

false or misleading.

(2)   

A person commits an offence if—

(a)   

he supplies any information to another person which is false or

25

misleading,

(b)   

he knows that it is false or misleading or is reckless as to whether it is

false or misleading, and

(c)   

he knows that the information is to be used for the purpose of

supplying information to a local housing authority in connection with

30

any of their functions under any of Parts 1 to 4 or this Part.

(3)   

A person who commits an offence under subsection (1) or (2) is liable on

summary conviction to a fine not exceeding level 5 on the standard scale.

(4)   

In this section “false or misleading” means false or misleading in any material

respect.

35

Enforcement

203     

Powers of entry

(1)   

Subsection (2) applies where the local housing authority consider that a survey

or examination of any premises is necessary and any of the following

conditions is met —

40

 

 

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Part 7 — Supplementary and final provisions

155

 

(a)   

the authority consider that the survey or examination is necessary in

order to determine whether any functions under any of Parts 1 to 4 or

this Part should be exercised in relation to the premises;

(b)   

the premises are (within the meaning of Part 1) specified premises in

relation to an improvement notice or prohibition order;

5

(c)   

an interim or final management order is in force under Part 4 in respect

of the premises.

(2)   

A person authorised by the local housing authority may enter the premises at

any reasonable time for the purpose of carrying out a survey or examination of

the premises.

10

(3)   

If—

(a)   

an interim or final management order is in force under Part 4 in respect

of any premises consisting of part of a house (“the relevant premises”),

and

(b)   

another part of the house is excluded from the order by virtue of section

15

97(8) or 107(7),

   

the power of entry conferred by subsection (2) is exercisable in relation to any

premises comprised in that other part so far as is necessary for the purpose of

carrying out a survey or examination of the relevant premises.

(4)   

Before entering any premises in exercise of the power conferred by subsection

20

(2), the authorised person must have given at least 24 hours’ notice of his

intention to do so—

(a)   

to the owner of the premises (if known), and

(b)   

to the occupier (if any).

(5)   

Subsection (6) applies where the local housing authority consider that any

25

premises need to be entered for the purpose of ascertaining whether an offence

has been committed under section 71, 92 or 198(3).

(6)   

A person authorised by the local housing authority may enter the premises for

that purpose—

(a)   

at any reasonable time, but

30

(b)   

without giving any prior notice as mentioned in subsection (4).

(7)   

A person exercising the power of entry conferred by subsection (2) or (6) may

do such of the following as he thinks necessary for the purpose for which the

power is being exercised—

(a)   

take other persons with him;

35

(b)   

take equipment or materials with him;

(c)   

take measurements or photographs or make recordings;

(d)   

leave recording equipment on the premises for later collection;

(e)   

take samples of any articles or substances found on the premises.

(8)   

An authorisation for the purposes of this section—

40

(a)   

must be in writing; and

(b)   

must state the particular purpose or purposes for which the entry is

authorised.

(9)   

A person authorised for the purposes of this section must, if required to do so,

produce his authorisation for inspection by the owner or any occupier of the

45

premises or anyone acting on his behalf.

 

 

 
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