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Housing Bill


Housing Bill
Schedule 12 — Minor and consequential amendments

233

 

building, the local housing authority shall determine the order

(whether or not it has become operative).

(3)   

The local housing authority shall serve notice that the demolition

order has been determined on every person on whom they would be

required by section 268 to serve a copy of a new demolition order in

5

relation to the premises.

(4)   

The Secretary of State may give notice in respect of a dwelling, house

in multiple occupation or building to the local housing authority

stating that its architectural or historic interest is sufficient to render

it inexpedient that it should be demolished pending determination

10

of the question whether it should be a listed building; and the

provisions of this section apply to a dwelling, house in multiple

occupation or building in respect of which such a notice is in force as

they apply to a listed building.”

16         

In section 307(1) (saving for rights arising from breach of covenant etc.) for

15

the words from “relating to” to “prejudices” substitute “relating to the

demolition or purchase of unfit premises prejudices”.

17         

In section 308(3) (approval of owner’s proposals for re-development)—

(a)   

after “Part” insert “or Chapter 2 of Part 1 of the Housing Act 2004”;

and

20

(b)   

for “, closing or purchase of unfit premises” substitute “or purchase

of premises or the prohibition of uses of premises”.

18         

Omit section 310 (certificate of fitness for human habitation resulting from

owner’s improvements or alterations).

19         

In section 318(1)(a) (power of court to authorise execution of works on unfit

25

premises or for improvement)—

(a)   

for “dwelling-houses” substitute “dwellings”; and

(b)   

for “injurious to health or unfit for human habitation” substitute

“harmful to health or safety”.

20         

For section 322 substitute—

30

“322 Minor definitions

(1)   

In this Part the following expressions have the same meaning as in

Part 1 of the Housing Act 2004 (see section 1(5) to (7) of that Act)—

   

“building containing one or more flats”,

   

“category 1 hazard”,

35

   

“category 2 hazard”,

   

“common parts”, in relation to a building containing one or

more flats,

   

“dwelling”,

   

“flat”,

40

   

“hazard”.

(2)   

In this Part—

   

“health” includes mental health;

   

“house in multiple occupation” means a house in multiple

occupation as defined by sections 217 to 222 of the Housing

45

Act 2004, as they have effect for the purposes of Part 1 of that

 

 

Housing Bill
Schedule 12 — Minor and consequential amendments

234

 

Act (that is, without the exclusions contained in Schedule 11

to that Act);

   

“owner”, in relation to premises—

(a)   

means a person (other than a mortgagee not in

possession) who is for the time being entitled to

5

dispose of the fee simple in premises, whether in

possession or reversion, and

(b)   

includes also a person holding or entitled to the rents

and profits of the premises under a lease of which the

unexpired term exceeds three years;

10

   

“premises” in relation to a demolition order, means the

dwelling, house in multiple occupation or building in respect

of which the order is made.

(3)   

This Part applies to unoccupied HMO accommodation (as defined

by section 1(5) of the Housing Act 2004) as it applies to a house in

15

multiple occupation, and references to a house in multiple

occupation in this Part are to be read accordingly.”

21         

In section 323 (index of defined expressions: Part 9) insert at the appropriate

places—

 

“building

section 322”

 

20

 

containing

  
 

one or more

  
 

flats

  
 

“category 1

section 322”

 
 

hazard

  

25

 

“category 2

section 322”

 
 

hazard

  
 

“common

section 322”

 
 

parts

  
 

“dwelling

section 322”

 

30

 

“hazard

section 322”

 
 

“health

section 322”

 
 

 

Housing Bill
Schedule 12 — Minor and consequential amendments

235

 
 

“residential

section 194 of

 
 

property

the Housing

 
 

tribunal

Act 2004”.

 

22         

In section 439 (requirements as to fitness of premises before advancing

money for certain purposes), omit subsections (1) and (2).

5

23         

In section 582 (compulsory purchase orders: restriction on recovery of

possession of houses in multiple occupation) for subsection (8) substitute—

“(8)   

In this section “house in multiple occupation” has the meaning given

by sections 217 to 222 of the Housing Act 2004 for the purposes of

that Act (other than Part 1).”

10

24         

For section 584A (compensation payable in case of closing and demolition

orders) substitute—

“584A  Compensation payable in case of prohibition and demolition orders

(1)   

Subject to subsection (3), where a relevant prohibition order becomes

operative in respect of any premises or a demolition order under

15

section 265 is made in respect of any premises, the local housing

authority shall pay to every owner of the premises an amount

determined in accordance with subsection (2).

(2)   

The amount referred to in subsection (1) is the diminution in the

compulsory purchase value of the owner’s interest in the premises as

20

a result of the coming into operation of the relevant prohibition order

or, as the case may be, the making of the demolition order; and that

amount—

(a)   

shall be determined as at the date of the coming into

operation or making of the order in question; and

25

(b)   

shall be determined (in default of agreement) as if it were

compensation payable in respect of the compulsory purchase

of the interest in question and shall be dealt with accordingly.

(3)   

In any case where—

(a)   

a relevant prohibition order has been made in respect of any

30

premises, and

(b)   

that order is revoked and a demolition order is made in its

place,

   

the amount payable to the owner under subsection (1) in connection

with the demolition order shall be reduced by the amount (if any)

35

paid to the owner or a previous owner under that subsection in

connection with the relevant prohibition order.

(4)   

For the purposes of this section—

   

“compulsory purchase value”, in relation to an owner’s interest

in premises, means the compensation which would be

40

payable in respect of the compulsory purchase of that interest

if it fell to be assessed in accordance with the Land

Compensation Act 1961;

   

“premises”, in relation to a demolition order, has the meaning

given by section 322;

45

 

 

Housing Bill
Schedule 12 — Minor and consequential amendments

236

 

   

“premises”, in relation to a prohibition order, means premises

which are specified premises in relation to the order within

the meaning of Part 1 of the Housing Act 2004;

   

“relevant prohibition order” means a prohibition order under

section 19 or 20 of the Housing Act 2004 which prohibits for

5

all purposes the use of any premises (as opposed to any part

of the premises).”

25         

For section 584B (repayment on revocation of demolition or closing order)

substitute—

“584B  Repayment on revocation of demolition or prohibition order

10

(1)   

Where a payment in respect of any premises has been made by a

local housing authority under section 584A(1) in connection with a

demolition order or relevant prohibition order and—

(a)   

the demolition order is revoked under section 274

(revocation of demolition order to permit reconstruction of

15

premises), or

(b)   

the relevant prohibition order is revoked under section 24(1)

or (2) of the Housing Act 2004,

   

then, if at that time the person to whom the payment was made has

the same interest in the premises as he had at the time the payment

20

was made, he shall on demand repay to the authority the amount of

the payment.

(2)   

In any case where—

(a)   

a payment in respect of any premises has been made by a

local housing authority under section 584A(1) in connection

25

with a relevant prohibition order, and

(b)   

by virtue of section 24(3) of the Housing Act 2004, the order

is revoked as respects part of the premises and not varied,

and

(c)   

the person to whom the payment was made (in this section

30

referred to as “the recipient”) had at the time the payment

was made, an owner’s interest in the part of the premises

concerned (whether or not he had such an interest in the rest

of the premises),

   

then, if at the time of the revocation of the relevant prohibition order

35

the recipient has the same interest in the premises as he had at the

time the payment was made, he shall on demand pay to the authority

an amount determined in accordance with subsections (4), (5) and

(6).

(3)   

In any case where—

40

(a)   

a payment in respect of any premises has been made by a

local housing authority under section 584A(1) in connection

with a relevant prohibition order, and

(b)   

by virtue of section 24(4) of the Housing Act 2004, the order

is varied,

45

   

then, if at the time of the variation of the order the recipient has the

same interest in the premises as he had at the time the payment was

made, he shall on demand pay to the authority an amount

determined in accordance with subsections (4), (5) and (6).

 

 

Housing Bill
Schedule 12 — Minor and consequential amendments

237

 

(4)   

The amount referred to in subsection (2) or (3) is whichever is the less

of—

(a)   

the amount by which the value of the interest of the recipient

in the premises increases as a result of the revocation or

variation of the relevant prohibition order; and

5

(b)   

the amount paid to the recipient under section 584A(1) in

respect of his interest in the premises;

   

and the amount referred to in paragraph (a) shall be determined as

at the date of the revocation or variation of the relevant prohibition

order.

10

(5)   

For the purpose of assessing the amount referred to in subsection

(4)(a), the rules set out in section 5 of the Land Compensation Act

1961 shall, so far as applicable and subject to any necessary

modifications, have effect as they have effect for the purpose of

assessing compensation for the compulsory acquisition of an interest

15

in land.

(6)   

Any dispute as to the amount referred to in subsection (4)(a) shall be

referred to and determined by the Lands Tribunal; and section 2 and

subsections (1)(a) and (4) to (6) of section 4 of the Land

Compensation Act 1961 shall, subject to any necessary modifications,

20

apply for the purposes of this section as they apply for the purposes

of that Act.

(7)   

In this section “premises” and “relevant prohibition order” have the

same meaning as in section 584A.”

Landlord and Tenant Act 1985 (c. 70)

25

26    (1)  

Section 20C of the Landlord and Tenant Act 1985 (limitation of service

charges: costs of proceedings) is amended as follows.

      (2)  

In subsection (1) after “a court” insert “, residential property tribunal”.

      (3)  

In subsection (2) after paragraph (a) insert—

“(aa)   

in the case of proceedings before a residential property

30

tribunal, to a leasehold valuation tribunal;”.

Housing Act 1988 (c. 50)

27         

In paragraph 47 of Schedule 17 to the Housing Act 1988 (amendments of Part

9 of Housing Act 1985) for “sections 264(5), 270(3), 276 and 286(3)” substitute

“section 270(3)”.

35

Local Government and Housing Act 1989 (c. 42)

28         

In section 100 of the Local Government and Housing Act 1989

(interpretation of Part 7) for the definition of “house in multiple occupation”

substitute—

           

““house in multiple occupation” means a house in multiple occupation

40

as defined by sections 217 to 222 of the Housing Act 2004, as they

have effect for the purposes of Part 1 of that Act (that is, without

the exclusions contained in Schedule 11 to that Act), but does not

include any part of such a house which is occupied as a separate

dwelling by persons who form a single household;”.

45

 

 

Housing Bill
Schedule 12 — Minor and consequential amendments

238

 

29         

In section 195(2) of that Act (short title, commencement and extent) for “167”

substitute “168”.

Water Industry Act 1991 (c. 56)

30         

For paragraph 2(2) of Schedule 4A to the Water Industry Act 1991 (premises

that are not to be disconnected for non-payment of charges) substitute—

5

     “(2)  

In this paragraph “house in multiple occupation” means a house

in multiple occupation as defined by sections 217 to 222 of the

Housing Act 2004, as they have effect for the purposes of Part 1 of

that Act (that is, without the exclusions contained in Schedule 11

to that Act).”

10

Health Service Commissioners Act 1993 (c. 46)

31    (1)  

Section 18 of the Health Service Commissioners Act 1993 (consultation

during investigations) is amended as follows.

      (2)  

In subsection (1)—

(a)   

omit “or” at the end of paragraph (c);

15

(b)   

at the end of paragraph (d) insert “or

(e)   

by the Social Housing Ombudsman for Wales under

regulations under section 51B of the Housing Act

1996,”;

(c)   

omit “the” after “appropriate Commissioner or”; and

20

(d)   

omit “the” after “that Commissioner or”.

      (3)  

In subsection (2) omit “the Welsh Administration”.

Home Energy Conservation Act 1995 (c. 10)

32         

For paragraph (aa)(i) of the definition of “residential accommodation” in

section 1(1) of the Home Energy Conservation Act 1995 (interpretation)

25

substitute—

(i)   

in England and Wales, a house in multiple occupation

as defined by sections 217 to 222 of the Housing Act

2004, as they have effect for the purposes of Part 1 of

that Act (that is, without the exclusions contained in

30

Schedule 11 to that Act),”.

Gas Act 1995 (c. 45)

33         

In paragraph 2 of Schedule 4 to the Gas Act 1995 (statutory undertakers), in

sub-paragraph (1)(xxxvi) for “sections 283(2) and” substitute “section”.

Housing Act 1996 (c. 52)

35

34         

The Housing Act 1996 has effect subject to the following amendments.

35         

In section 52(1) (general provisions as to orders) after “17,” insert “27A,”.

36         

In section 210 (homelessness: suitability of accommodation)—

(a)   

for “Parts IX, X and XI” substitute “Parts 9 and 10”; and

(b)   

for “; overcrowding; houses in multiple occupation)” substitute “and

40

overcrowding) and Parts 1 to 4 of the Housing Act 2004”.

 

 

Housing Bill
Schedule 13 — Repeals

239

 

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

37         

In section 24 of the Housing Grants, Construction and Regeneration Act 1996

(considerations of fitness before approving applications for certain grants),

omit subsection (4).

Government of Wales Act 1998 (c. 38)

5

38    (1)  

Paragraph 27 of Schedule 9 to the Government of Wales Act 1998

(consultation by Welsh Administration Ombudsman with other

Ombudsmen) is amended as follows.

      (2)  

In sub-paragraph (1)—

(a)   

omit “or” at the end of paragraph (b);

10

(b)   

at the end of paragraph (c) insert “or

(d)   

by the Social Housing Ombudsman for Wales under

regulations under section 51B of the Housing Act

1996,”;

(c)   

after “appropriate Commissioner” insert “or Ombudsman”; and

15

(d)   

after “that Commissioner” insert “or Ombudsman”.

      (3)  

In sub-paragraph (2) after “Commissioner” insert “or Ombudsman”.

Freedom of Information Act 2000 (c. 36)

39         

In the table in section 76(1) of the Freedom of Information Act 2000, after the

entry relating to the Welsh Administration Ombudsman, insert—

20

 

“The Social Housing Ombudsman

Part 1, Chapter 5 of the Housing

 
 

for Wales

Act 1996 (c. 52).”

 

Schedule 13

Section 227

 

Repeals

 

Short title and chapter

Extent of repeal

 

25

 

London Building Acts

Section 35(1)(c)(i).

 
 

(Amendment) Act 1939 (c.

In section 36(1), the words “or sleep”.

 
 

Friendly and Industrial and

Section 4A(3)(b).

 
 

Provident Societies Act 1968

  
 

(c. 55)

  

30

 

Land Compensation Act 1973

In section 29(7)(a), the words “or closing”.

 
 

(c. 26)

  
 

Local Government Act 1974

In section 33, in subsection (1) the “the” after

 
 

(c. 7)

“appropriate Commissioner or”, and in

 
  

subsection (2) the “the” after “that

 

35

  

Commissioner or”.

 
 

County of Merseyside Act 1980

Section 48.

 
 

(c. x)

  
 

 

 
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