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Housing Bill


Housing Bill
Part 7 — Supplementary and final provisions

156

 

(10)   

If the premises are unoccupied or the occupier is temporarily absent, a person

exercising the power of entry conferred by subsection (2) or (6) must leave the

premises as effectively secured against trespassers as he found them.

(11)   

In this section “occupier”, in relation to premises, means a person who occupies

the premises, whether for residential or other purposes.

5

204     

Warrant to authorise entry

(1)   

This section applies where a justice of the peace is satisfied, on a sworn

information in writing, that admission to premises specified in the information

is reasonably required for any of the purposes mentioned in subsection (2) by

a person—

10

(a)   

employed by, or

(b)   

acting on the instructions of,

   

the local housing authority.

(2)   

The purposes are—

(a)   

surveying or examining premises in order to determine whether any

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functions under any of Parts 1 to 4 or this Part should be exercised in

relation to the premises;

(b)   

surveying or examining premises—

(i)   

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

relation to an improvement notice or prohibition order, or

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(ii)   

in respect of which an interim or final management order is in

force under Part 4;

(c)   

ascertaining whether an offence has been committed under section 71,

92 or 198(3).

(3)   

The justice may by warrant under his hand authorise the person mentioned in

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subsection (1) to enter on the premises for such of those purposes as may be

specified in the warrant.

(4)   

But the justice must not grant the warrant unless he is satisfied—

(a)   

that admission to the premises has been sought in accordance with

section 203(4) or (6) but has been refused;

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(b)   

that the premises are unoccupied or that the occupier is temporarily

absent and it might defeat the purpose of the entry to await his return;

or

(c)   

that application for admission would defeat the purpose of the entry.

(5)   

The power of entry conferred by a warrant under this section includes power

35

to enter by force (if necessary).

(6)   

Subsection (7) of section 203 applies to the person on whom that power is

conferred as it applies to a person exercising the power of entry conferred by

subsection (2) or (6) of that section.

(7)   

A warrant under this section must, if so required, be produced for inspection

40

by the owner or any occupier of the premises or anyone acting on his behalf.

(8)   

If the premises are unoccupied or the occupier is temporarily absent, a person

entering under the authority of a warrant under this section must leave the

premises as effectively secured against trespassers as he found them.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

157

 

(9)   

A warrant under this section continues in force until the purpose for which the

entry is required is satisfied.

(10)   

In a case within section 203(3)(a) and (b), the powers conferred by this section

are exercisable in relation to premises comprised in the excluded part of the

house as well as in relation to the relevant premises.

5

(11)   

In this section “occupier”, in relation to premises, means a person who occupies

the premises, whether for residential or other purposes.

205     

Penalty for obstruction

(1)   

A person who obstructs a relevant person in the performance of anything

which, by virtue of any of Parts 1 to 4 or this Part, that person is required or

10

authorised to do commits an offence.

(2)   

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

defence that he had a reasonable excuse for obstructing the relevant person.

(3)   

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

conviction to a fine not exceeding level 4 on the standard scale.

15

(4)   

In this section “relevant person” means an officer of a local housing authority

or any person authorised to enter premises by virtue of any of Parts 1 to 4 or

section 203 or 204.

206     

Additional notice requirements for protection of owners

(1)   

This section applies where an owner of premises gives a notice to the local

20

housing authority for the purposes of this section informing them of his

interest in the premises.

(2)   

The authority must give him notice of any action taken by them under any of

Parts 1 to 4 or this Part in relation to the premises.

Documents

25

207     

Power to prescribe forms

(1)   

The appropriate national authority may by regulations prescribe the form of

any notice, statement or other document which is required or authorised to be

used under, or for the purposes of, this Act.

(2)   

The power conferred by this section is not exercisable where specific provision

30

for prescribing the form of a document is made elsewhere in this Act.

208     

Power to dispense with notices

(1)   

The appropriate national authority may dispense with the service of a notice

which is required to be served by a local housing authority under this Act if

satisfied that it is reasonable to do so.

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(2)   

A dispensation may be given either before or after the time at which the notice

is required to be served.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

158

 

(3)   

A dispensation may be given either unconditionally or on such conditions

(whether as to the service of other notices or otherwise) as the appropriate

national authority considers appropriate.

(4)   

Before giving a dispensation under this section, the appropriate national

authority shall, in particular, have regard to the need to ensure, so far as

5

possible, that the interests of any person are not prejudiced by the

dispensation.

209     

Service of documents

(1)   

Subsection (2) applies where the local housing authority is, by virtue of any

provision of Parts 1 to 4 or this Part, under a duty to serve a document on a

10

person who, to the knowledge of the authority, is—

(a)   

a person having control of premises,

(b)   

a person managing premises, or

(c)   

a person having an estate or interest in premises, whether or not

restricted to persons who are owners or lessees or mortgagees or to any

15

other class of those having an estate or interest in premises,

   

or a person who (but for an interim or final management order under Part 4)

would fall within paragraph (a) or (b).

(2)   

The local housing authority shall take reasonable steps to identify the person

or persons falling within the description in that provision.

20

(3)   

A person having an estate or interest in premises may for the purposes of any

provision to which subsections (1) and (2) apply give notice to the local

housing authority of his interest in the premises.

(4)   

The local housing authority must enter a notice under subsection (3) in its

records.

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(5)   

A document required or authorised by any of Parts 1 to 4 or this Part to be

served on a person as—

(a)   

a person having control of premises,

(b)   

a person managing premises,

(c)   

a person having an estate or interest in premises, or

30

(d)   

a person who (but for an interim or final management order under Part

4) would fall within paragraph (a) or (b),

   

may, if it is not practicable after reasonable enquiry to ascertain the name or

address of that person, be served in accordance with subsection (6).

(6)   

A person having such a connection with any premises as is mentioned in

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subsection (5)(a) to (d) is served in accordance with this subsection if—

(a)   

the document is addressed to him by describing his connection with the

premises (naming them), and

(b)   

delivering the document to some person on the premises or, if there is

no person on the premises to whom it can be delivered, by fixing it, or

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a copy of it, to some conspicuous part of the premises.

(7)   

Where under any provision of Parts 1 to 4 or this Part a document is to be

served on—

(a)   

the person having control of premises,

(b)   

the person managing premises, or

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(c)   

the owner of premises,

 

 

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Part 7 — Supplementary and final provisions

159

 

   

and more than one person comes within the description in the provision, the

document may be served on more than one of those persons.

(8)   

Section 233 of the Local Government Act 1972 (c. 70) (service of notices by local

authorities) applies in relation to the service of documents for any purposes of

this Act by the authorities mentioned in section 223(2)(d) and (e) of this Act as

5

if they were local authorities within the meaning of section 233.

(9)   

In this section references to serving include references to similar expressions

(such as giving or sending).

(10)   

In this section—

   

“document” includes anything in writing;

10

   

“premises” means premises however defined.

210     

Licences and other documents in electronic form

(1)   

A local housing authority may, subject to subsection (3), issue a licence to a

person under Part 2 or 3 by transmitting the text of the licence to him by

electronic means, provided the text—

15

(a)   

is received by him in legible form, and

(b)   

is capable of being used for subsequent reference.

(2)   

A local housing authority may, subject to subsection (3), serve a relevant

document on a person by transmitting the text of the document to him in the

way mentioned in subsection (1).

20

(3)   

The recipient, or the person on whose behalf the recipient receives the

document, must have indicated to the local housing authority the recipient’s

willingness to receive documents transmitted in the form and manner used.

(4)   

An indication for the purposes of subsection (3)—

(a)   

must be given to the local housing authority in such manner as they

25

may require;

(b)   

may be a general indication or one that is limited to documents of a

particular description;

(c)   

must state the address to be used and must be accompanied by such

other information as the local housing authority require for the making

30

of the transmission; and

(d)   

may be modified or withdrawn at any time by a notice given to the local

housing authority in such manner as they may require.

(5)   

In this section any reference to serving includes a reference to similar

expressions (such as giving or sending).

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(6)   

In this section—

   

“document” includes anything in writing; and

   

“relevant document” means any document which a local housing

authority are, by virtue of any provision of Parts 1 to 4 or this Part,

under a duty to serve on any person.

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211     

Timing and location of things done electronically

(1)   

The Secretary of State may by regulations make provision specifying, for the

purposes of any of Parts 1 to 4 or this Part, the manner of determining—

 

 

Housing Bill
Part 7 — Supplementary and final provisions

160

 

(a)   

the times at which things done under any of Parts 1 to 4 or this Part by

means of electronic communications networks are done;

(b)   

the places at which things done under any of Parts 1 to 4 or this Part by

means of such networks are done; and

(c)   

the places at which things transmitted by means of such networks are

5

received.

(2)   

The Secretary of State may by regulations make provision about the manner of

proving in any legal proceedings—

(a)   

that something done by means of an electronic communications

network satisfies any requirements of any of Parts 1 to 4 or this Part for

10

the doing of that thing; and

(b)   

the matters mentioned in subsection (1)(a) to (c).

(3)   

Regulations under this section may provide for such presumptions to apply

(whether conclusive or not) as the Secretary of State considers appropriate.

(4)   

In this section “electronic communications network” has the meaning given by

15

section 32 of the Communications Act 2003 (c.21).

212     

Proof of designations

(1)   

This subsection applies in respect of a copy of—

(a)   

a designation under section 55 (designation of an area as subject to

additional licensing), or

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(b)   

a designation under section 77 (designation of an area as subject to

selective licensing),

   

which purports to be made by a local housing authority.

(2)   

A certificate endorsed on such a copy and purporting to be signed by the

proper officer of the authority stating the matters set out in subsection (3) is

25

prima facie evidence of the facts so stated without proof of the handwriting or

official position of the person by whom it purports to be signed.

(3)   

Those matters are—

(a)   

that the designation was made by the authority,

(b)   

that the copy is a true copy of the designation, and

30

(c)   

that the designation did not require confirmation by the confirming

authority, or that on a specified date the designation was confirmed by

the confirming authority.

Other supplementary provisions

213     

Orders and regulations

35

(1)   

Any power of the Secretary of State or the National Assembly for Wales to

make an order or regulations under this Act is exercisable by statutory

instrument.

(2)   

Any power of the Secretary of State or the National Assembly for Wales to

make an order or regulations under this Act—

40

(a)   

may be exercised so as to make different provision for different cases or

descriptions of case or different purposes or areas; and

 

 

Housing Bill
Part 7 — Supplementary and final provisions

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(b)   

includes power to make such incidental, supplementary,

consequential, transitory, transitional or saving provision as the

Secretary of State or (as the case may be) the National Assembly for

Wales considers appropriate.

(3)   

The Secretary of State must consult the National Assembly for Wales before

5

making any regulations under Part 5 which relate to residential properties in

Wales.

(4)   

Subject to subsections (5) and (6), any order or regulations made by the

Secretary of State under this Act are to be subject to annulment in pursuance of

a resolution of either House of Parliament.

10

(5)   

Subsection (4) does not apply to—

(a)   

an order made under section 231, or

(b)   

an order made under section 54(3) where a draft of the order has been

laid before, and approved by a resolution of, each House of Parliament,

or

15

(c)   

regulations made under section 60(5) or 96(5) where a draft of the

regulations has been laid before, and approved by a resolution of, each

House of Parliament.

(6)   

The Secretary of State may not make—

(a)   

any regulations under section 217(6) or Schedule 4,

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(b)   

an order under section 77(5),

(c)   

an order under section 187, or

(d)   

an order under section 194(3) or 226(2) which modifies any provision of

an Act,

   

unless a draft of the regulations or order has been laid before, and approved by

25

a resolution of, each House of Parliament.

(7)   

In this Act “modify”, in the context of a power to modify an enactment by order

or regulations, includes repeal (and “modifications” has a corresponding

meaning).

214     

Offences by bodies corporate

30

(1)   

Where an offence under this Act committed by a body corporate is proved to

have been committed with the consent or connivance of, or to be attributable

to any neglect on the part of—

(a)   

a director, manager, secretary or other similar officer of the body

corporate, or

35

(b)   

a person purporting to act in such a capacity,

   

he as well as the body corporate commits the offence and is liable to be

proceeded against and punished accordingly.

(2)   

Where the affairs of a body corporate are managed by its members, subsection

(1) applies in relation to the acts and defaults of a member in connection with

40

his functions of management as if he were a director of the body corporate.

215     

Power to up-rate level of fines for certain offences

(1)   

Subsection (2) applies if the Secretary of State considers that there has been a

change in the value of money since the relevant date.

 

 

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Part 7 — Supplementary and final provisions

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(2)   

The Secretary of State may by order substitute for the sum or sums for the time

being specified in any provision mentioned in subsection (3) such other sum or

sums as he considers to be justified by the change.

(3)   

The provisions are—

(a)   

section 31(2)(b);

5

(b)   

section 34(6);

(c)   

section 71(6); and

(d)   

section 92(5).

(4)   

In subsection (1) “the relevant date” means—

(a)   

the date of the passing of this Act; or

10

(b)   

where the sums specified in a provision mentioned in subsection (3)

have been substituted by an order under subsection (2), the date of that

order.

(5)   

Nothing in an order under subsection (2) affects the punishment for an offence

committed before the order comes into force.

15

216     

Local inquiries

The appropriate national authority may, for the purposes of the execution of

any of the authority’s functions under this Act, cause such local inquiries to be

held as the authority considers appropriate.

Meaning of “house in multiple occupation”

20

217     

Meaning of “house in multiple occupation”

(1)   

For the purposes of this Act a building or a part of a building is a “house in

multiple occupation” if—

(a)   

it meets the conditions in subsection (2) (“the standard test”);

(b)   

it meets the conditions in subsection (3) (“the self-contained flat test”);

25

(c)   

it meets the conditions in subsection (4) (“the converted building test”);

(d)   

a declaration notice is in force in respect of it under section 218; or

(e)   

it is a converted block of flats to which section 220 applies.

(2)   

A building or a part of a building meets the standard test if—

(a)   

it consists of one or more units of living accommodation not consisting

30

of a self-contained flat or flats;

(b)   

the living accommodation is occupied by persons who do not form a

single household (see section 221);

(c)   

the living accommodation is occupied by those persons as their only or

main residence or they are to be treated as so occupying it (see section

35

222);

(d)   

their occupation of the living accommodation constitutes the only use

of that accommodation;

(e)   

rents are payable or other consideration is to be provided by at least one

of those persons in respect of their occupation of the living

40

accommodation; and

(f)   

two or more of the households who occupy the living accommodation

share one or more basic amenities or the living accommodation is

lacking in one or more basic amenities.

 

 

 
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