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Housing Bill


Housing Bill
Part 7 — Supplementary and final provisions

170

 

(5)   

References in this Act to any person involved in the management of a house in

multiple occupation or a Part 3 house (see section 76(2)) include references to

the person managing it.

Final provisions

226     

Minor and consequential amendments

5

(1)   

Schedule 12 (which contains minor and consequential amendments) has effect.

(2)   

The Secretary of State may by order make such supplementary, incidental or

consequential provision as he considers appropriate—

(a)   

for the general purposes, or any particular purpose, of this Act; or

(b)   

in consequence of any provision made by or under this Act or for giving

10

full effect to it.

(3)   

An order under subsection (2) may modify any enactment (including this Act).

“Enactment” includes an enactment comprised in subordinate legislation

(within the meaning of the Interpretation Act 1978 (c. 30).

(4)   

The power conferred by subsection (2) is also exercisable by the National

15

Assembly for Wales in relation to provision dealing with matters with respect

to which functions are exercisable by the Assembly.

(5)   

Nothing in this Act affects the generality of the power conferred by this section.

227     

Repeals

Schedule 13 (which contains repeals) has effect.

20

228     

Devolution: Wales

In Schedule 1 to the National Assembly for Wales (Transfer of Functions)

Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as

references to those Acts as amended by virtue of this Act—

(a)   

the Housing Act 1985 (c. 68);

25

(b)   

the Housing Act 1988 (c. 50);

(c)   

the Housing Act 1996 (c. 52).

229     

The Isles of Scilly

(1)   

This Secretary of State may by order provide that, in its application to the Isles

of Scilly, this Act is have effect with such modifications as are specified in the

30

order.

(2)   

Where a similar power is exercisable under another Act in relation to

provisions of that Act which are amended by this Act, the power is exercisable

in relation to those provisions as so amended.

230     

Expenses

35

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by the Secretary of State by virtue of this Act;

 

 

Housing Bill
Part 7 — Supplementary and final provisions

171

 

(b)   

any increase attributable to this Act in the sums payable out of money

so provided under any other enactment.

231     

Short title, commencement and extent

(1)   

This Act may be cited as the Housing Act 2004.

(2)   

The following provisions come into force on the day on which this Act is

5

passed—

(a)   

sections 2, 8, 143 to 145, 153, 167, 185, 187, 197, 198, 207, 211, 213, 215,

226(2) to (5), 228 to 230 and this section, and

(b)   

any other provision of this Act so far as it confers any power to make

an order or regulations which is exercisable by the Secretary of State or

10

the National Assembly for Wales.

   

Subsections (3) to (7) have effect subject to paragraph (b).

(3)   

The following provisions come into force at the end of the period of two

months beginning with the day on which this Act is passed—

(a)   

sections 157, 159 to 166, 172 to 184, 186, 188, 189, 191, 208 to 210, 212, 214

15

and 216 to 225,

(b)   

Schedule 8, except paragraphs 15 and 16, and

(c)   

Schedule 11.

(4)   

The provisions listed in subsection (5) come into force—

(a)   

where they are to come into force in relation only to Wales, on such day

20

as the National Assembly for Wales may by order appoint, and

(b)   

otherwise, on such day as the Secretary of State may by order appoint.

(5)   

The provisions referred to in subsection (4) are—

(a)   

Part 1 (other than sections 2 and 8),

(b)   

Parts 2 to 4,

25

(c)   

sections 156, 158, 168 to 171, 190, 192, 194 to 196, 199 to 206, 226(1) and

227,

(d)   

paragraphs 15 and 16 of Schedule 8, and

(e)   

Schedules 10, 12 and 13.

(6)   

Part 5 (other than sections 143 to 145 and 153) comes into force on such day as

30

the Secretary of State may by order appoint.

(7)   

Section 193 and Schedule 9 come into force on such day as the National

Assembly for Wales may by order appoint.

(8)   

Different days may be appointed for different purposes or different areas

under subsection (4), (6) or (7).

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(9)   

The Secretary of State may by order make such provision as he considers

necessary or expedient for transitory, transitional or saving purposes in

connection with the coming into force of any provision of this Act.

(10)   

The power conferred by subsection (9) is also exercisable by the National

Assembly for Wales in relation to provision dealing with matters with respect

40

to which functions are exercisable by the Assembly

(11)   

Subject to subsections (12) and (13), this Act extends to England and Wales

only.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

172

 

(12)   

Any amendment or repeal made by this Act has the same extent as the

enactment to which it relates, except that any amendment or repeal in—

   

the Mobile Homes Act 1983 (c. 34), or

   

the Crime and Disorder Act 1998 (c. 37),

   

extends to England and Wales only.

5

(13)   

This section extends to the whole of the United Kingdom.

 

 

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 1 — Service of improvement notices

173

 

Schedules

Schedule 1

Section 17

 

Procedure and appeals relating to improvement notices

Part 1

Service of improvement notices

5

Service of improvement notices: premises licensed under Part 2 or 3

1     (1)  

This paragraph applies where the specified premises in the case of an

improvement notice are—

(a)   

a dwelling which is licensed under Part 3 of this Act, or

(b)   

an HMO which is licensed under Part 2 or 3 of this Act.

10

      (2)  

The local housing authority must serve the notice on the holder of the licence

under that Part.

Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats

2     (1)  

This paragraph applies where the specified premises in the case of an

improvement notice are—

15

(a)   

a dwelling which is not licensed under Part 3 of this Act, or

(b)   

an HMO which is not licensed under Part 2 or 3 of this Act,

           

and which (in either case) is not a flat.

      (2)  

The local housing authority must serve the notice—

(a)   

(in the case of a dwelling) on the person having control of the

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dwelling;

(b)   

(in the case of an HMO) either on the person having control of the

HMO or on the person managing it.

Service of improvement notices: flats which are not licensed under Part 2 or 3

3     (1)  

This paragraph applies where any specified premises in the case of an

25

improvement notice are—

(a)   

a dwelling which is not licensed under Part 3 of this Act, or

(b)   

an HMO which is not licensed under Part 2 or 3 of this Act,

           

and which (in either case) is a flat.

      (2)  

In the case of dwelling which is a flat, the local housing authority must serve

30

the notice on a person who—

(a)   

is an owner of the flat, and

(b)   

in the authority’s opinion ought to take the action specified in the

notice.

 

 

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 2 — Service of notices relating to revocation or variation of improvement notice

174

 

      (3)  

In the case of an HMO which is a flat, the local housing authority must serve

the notice either on a person who—

(a)   

is an owner of the flat, and

(b)   

in the authority’s opinion ought to take the action specified in the

notice,

5

           

or on the person managing the flat.

Service of improvement notices: common parts

4     (1)  

This paragraph applies where any specified premises in the case of an

improvement notice are—

(a)   

common parts of a building containing one or more flats; or

10

(b)   

any part of such a building which does not consist of residential

premises.

      (2)  

The local housing authority must serve the notice on a person who—

(a)   

is an owner of the specified premises concerned, and

(b)   

in the authority’s opinion ought to take the action specified in the

15

notice.

      (3)  

For the purposes of this paragraph a person is an owner of any common

parts of a building if he is an owner of the building or part of the building

concerned, or (in the case of external common parts) of the particular

premises in which the common parts are comprised.

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Service of copies of improvement notices

5     (1)  

In addition to serving an improvement notice in accordance with any of

paragraphs 1 to 4, the local housing authority must serve a copy of the notice

on every other person who, to their knowledge—

(a)   

has a relevant interest in any specified premises, or

25

(b)   

is an occupier of any such premises.

      (2)  

A “relevant interest” means an interest as freeholder, mortgagee or lessee.

      (3)  

For the purposes of this paragraph a person has a relevant interest in any

common parts of a building if he has a relevant interest in the building or

part of the building concerned, or (in the case of external common parts) in

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the particular premises in which the common parts are comprised.

      (4)  

The copies required to be served under sub-paragraph (2) must be served

within the period of seven days beginning with the day on which the notice

is served.

Part 2

35

Service of notices relating to revocation or variation of improvement notice

Notice of revocation or variation

6     (1)  

This paragraph applies where the local housing authority decide to revoke

or vary an improvement notice.

      (2)  

The authority must serve—

40

(a)   

a notice under this paragraph, and

(b)   

copies of that notice,

 

 

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 2 — Service of notices relating to revocation or variation of improvement notice

175

 

           

on the persons on whom they would be required under Part 1 of this

Schedule to serve an improvement notice and copies of it in respect of the

specified premises.

      (3)  

Sub-paragraph (4) applies if, in so doing, the authority serve a notice under

this paragraph on a person who is not the person on whom the improvement

5

notice was served (“the original recipient”).

      (4)  

The authority must serve a copy of the notice under this paragraph on the

original recipient unless they consider that it would not be appropriate to do

so.

      (5)  

The documents required to be served under sub-paragraph (2) must be

10

served within the period of seven days beginning with the day on which the

decision is made.

7          

A notice under paragraph 6 must set out—

(a)   

the authority’s decision to revoke or vary the improvement notice;

(b)   

the reasons for the decision and the date on which it was made;

15

(c)   

if the decision is to vary the notice—

(i)   

the right of appeal against the decision under Part 3 of this

Schedule, and

(ii)   

the period within which an appeal may be made (see

paragraph 14(2)).

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Notice of refusal to revoke or vary notice

8     (1)  

This paragraph applies where the local housing authority refuse to revoke

or vary an improvement notice.

      (2)  

The authority must serve—

(a)   

a notice under this paragraph, and

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(b)   

copies of that notice,

           

on the persons on whom they would be required to serve an improvement

notice and copies of it under Part 1 of this Schedule.

      (3)  

Sub-paragraph (4) applies if, in so doing, the authority serve a notice under

this paragraph on a person who is not the person on whom the improvement

30

notice was served (“the original recipient”).

      (4)  

The authority must serve a copy of the notice under this paragraph on the

original recipient unless they consider that it would not be appropriate to do

so.

      (5)  

The documents required to be served under sub-paragraph (2) must be

35

served within the period of seven days beginning with the day on which the

decision is made.

9          

A notice under paragraph 8 must set out—

(a)   

the authority’s decision not to revoke or vary the improvement

notice;

40

(b)   

the reasons for the decision and the date on which it was made;

(c)   

the right of appeal against the decision under Part 3 of this Schedule;

and

(d)   

the period within which an appeal may be made (see paragraph

14(2)).

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Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices

176

 

Part 3

Appeals relating to improvement notices

Appeal against improvement notice

10    (1)  

The person on whom an improvement notice is served may appeal to a

residential property tribunal against the notice.

5

      (2)  

Paragraphs 11 and 12 set out two specific grounds on which an appeal may

be made under this paragraph, but they do not affect the generality of sub-

paragraph (1).

11    (1)  

An appeal may be made by a person under paragraph 10 on the ground that

one or more other persons, as an owner or owners of the specified premises,

10

ought to—

(a)   

take the action concerned, or

(b)   

pay the whole or part of the cost of taking that action.

      (2)  

Where the grounds on which an appeal is made under paragraph 10 consist

of or include the ground mentioned in sub-paragraph (1), the appellant must

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serve a copy of his notice of appeal on the other person or persons

concerned.

12    (1)  

An appeal may be made by a person under paragraph 10 on the ground that

one of the courses of action mentioned in sub-paragraph (2) is the best

course of action in relation to the hazard in respect of which the notice was

20

served.

      (2)  

The courses of action are—

(a)   

making a prohibition order under section 19 or 20 of this Act;

(b)   

serving a hazard awareness notice under section 27 or 28 of this Act;

and

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(c)   

making a demolition order under section 265 of the Housing Act

1985 (c. 68).

Appeal against decision relating to variation or revocation of improvement notice

13    (1)  

The relevant person may appeal to a residential property tribunal against—

(a)   

a decision by the local housing authority to vary an improvement

30

notice, or

(b)   

a decision by the authority to refuse to revoke or vary an

improvement notice.

      (2)  

In sub-paragraph (1) “the relevant person” means—

(a)   

in relation to a decision within paragraph (a) of that provision, the

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person on whom the notice was served;

(b)   

in relation to a decision within paragraph (b) of that provision, the

person who applied for the revocation or variation.

Time limit for appeal

14    (1)  

Any appeal under paragraph 10 must be made within the period of 21 days

40

beginning with the date on which the improvement notice was served in

accordance with Part 1 of this Schedule.

 

 

 
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