Housing Bill

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House of Lords

Session 2003 - 04
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Housing Bill

Housing Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Office of the Deputy Prime Minister, are published separately
as HL Bill 71—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Rooker has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Housing Bill are compatible with the Convention
rights.

HL Bill 71 53/3

Housing Bill

Contents
Part 1
Housing conditions
Chapter 1
Enforcement of housing standards: general
New system for assessing housing conditions
1
New system for assessing housing conditions and enforcing housing
standards
2
Meaning of “category 1 hazard” and “category 2 hazard”
Procedure for assessing housing conditions
3
Local housing authorities to review housing conditions in their districts
4
Inspections by local housing authorities to see whether category 1 or 2
hazards exist
Enforcement of housing standards
5
Category 1 hazards: general duty to take enforcement action
6
Category 1 hazards: how duty under section 5 operates in certain cases
7
Category 2 hazards: powers to take enforcement action
8
Guidance about inspections and enforcement action
9
Consultation with fire authorities in certain cases
Chapter 2
Improvement notices, prohibition orders and hazard awareness notices
Improvement notices
10
Improvement notices relating to category 1 hazards: duty of authority to
serve notice
11
Improvement notices relating to category 2 hazards: power of authority to
serve notice

HL Bill 71 53/3

Housing Bill
iv

12
Contents of improvement notices
13
Suspension of improvement notices
14
Revocation and variation of improvement notices
15
Operation of improvement notices
16
Review of suspended improvement notices
17
Service of improvement notices etc. and related appeals
18
Change in person liable to comply with improvement notice
Prohibition orders
19
Prohibition orders relating to category 1 hazards: duty of authority to make
order
20
Prohibition orders relating to category 2 hazards: power of authority to make
order
21
Contents of prohibition orders
22
Suspension of prohibition orders
23
Operation of prohibition orders
24
Revocation and variation of prohibition orders
25
Review of suspended prohibition orders
26
Service of copies of prohibition orders etc. and related appeals
Hazard awareness notices
27
Hazard awareness notices relating to category 1 hazards: duty of authority to
serve notice
28
Hazard awareness notices relating to category 2 hazards: power of authority
to serve notice
Enforcement: improvement notices
29
Offence of failing to comply with improvement notice
30
Enforcement action by local housing authorities
Enforcement: prohibition orders
31
Offence of failing to comply with prohibition order etc.
32
Recovery of possession of premises in order to comply with order
33
Power of tribunal to determine or vary lease
Enforcement: improvement notices and prohibition orders
34
Power of court to order occupier or owner to allow action to be taken on
premises
35
Power of court to authorise action by one owner on behalf of another
Supplementary provisions
36
Effect of improvement notices and prohibition orders as local land charges
37
Savings for rights arising from breach of covenant etc.
38
Effect of Part 4 enforcement action and redevelopment proposals

Housing Bill
v

Chapter 3
Emergency measures
Emergency remedial action
39
Emergency remedial action
40
Notice of emergency remedial action
41
Recovery of expenses of taking emergency remedial action
Emergency prohibition orders
42
Emergency prohibition orders
43
Contents of emergency prohibition orders
Appeals
44
Appeals relating to emergency measures
Chapter 4
Demolition orders and slum clearance declarations
Demolition orders
45
Demolition orders
Slum clearance declarations
46
Clearance areas
Appeals
47
Transfer of jurisdiction in respect of appeals relating to demolition orders etc.
Chapter 5
General and miscellaneous provisions relating to enforcement action
Recovery of expenses relating to enforcement action
48
Power to charge for certain enforcement action
49
Recovery of charge under section 48
Repeals
50
Repeal of power to improve existing enforcement procedures
51
Repeal of provisions relating to demolition of obstructive buildings
52
Miscellaneous repeals etc. in relation to fire hazards
Index
53
Index of defined expressions: Part 1

Housing Bill
vi

Part 2
Licensing of houses in multiple occupation
Introductory
54
Licensing of HMOs to which this Part applies
Designation of additional licensing areas
55
Designation of areas subject to additional licensing
56
Designations under section 55 : further considerations
57
Designation needs confirmation or general approval to be effective
58
Notification requirements relating to designations
59
Duration, review and revocation of designations
HMOs required to be licensed
60
Requirement for HMOs to be licensed
61
Temporary exemption from licensing requirement
Grant or refusal of licences
62
Applications for licences
63
Grant or refusal of licence
64
Tests as to suitability for multiple occupation
65
Tests for fitness etc. and satisfactory management arrangements
66
Licence conditions
67
Licences: general requirements and duration
Variation and revocation of licences
68
Variation of licences
69
Revocation of licences
Procedure and appeals
70
Procedural requirements and appeals against licence decisions
Enforcement
71
Offences in relation to licensing of HMOs
72
Further sanctions relating to unlicensed HMOs
Supplementary provisions
73
Transitional arrangements relating to introduction and termination of
licensing
74
Meaning of “HMO”
75
Index of defined expressions: Part 2

Housing Bill
vii

Part 3
Selective licensing of other residential accommodation
Introductory
76
Licensing of houses to which this Part applies
Designation of selective licensing areas
77
Designation of selective licensing areas
78
Designations under section 77 : further considerations
79
Designation needs confirmation or general approval to be effective
80
Notification requirements relating to designations
81
Duration, review and revocation of designations
Houses required to be licensed
82
Requirement for Part 3 houses to be licensed
83
Temporary exemption from licensing requirement
Grant or refusal of licences
84
Applications for licences
85
Grant or refusal of licence
86
Tests for fitness etc. and satisfactory management arrangements
87
Licence conditions
88
Licences: general requirements and duration
Variation and revocation of licences
89
Variation of licences
90
Revocation of licences
Procedure and appeals
91
Procedural requirements and appeals against licence decisions
Enforcement
92
Offences in relation to licensing of houses under this Part
93
Further sanctions relating to unlicensed Part 3 houses
Supplementary provisions
94
Meaning of “house” etc.
95
Index of defined expressions: Part 3

Housing Bill
viii

Part 4
Additional control provisions in relation to residential accommodation
Introductory
96
Interim and final management orders: introductory
Interim management orders: making and operation of orders
97
Making of interim management orders
98
Special interim management orders
99
The health and safety condition
100
Operation of interim management orders
101
Local housing authority’s duties once interim management order in force
102
General effect of interim management orders
103
General effect of interim management orders: immediate landlords,
mortgagees etc.
104
Financial arrangements while order is in force
Interim management orders: variation and revocation
105
Variation of interim management orders
106
Revocation of interim management orders
Final management orders: making and operation of orders
107
Making of final management orders
108
Operation of final management orders
109
Local housing authority’s duties once final management order in force
110
General effect of final management orders
111
General effect of final management orders: immediate landlords, mortgagees
etc.
112
Management scheme and accounts
Final management orders: variation and revocation
113
Variation of final management orders
114
Revocation of final management orders
Interim and final management orders: procedure and appeals
115
Procedural requirements and appeals
Interim and final management orders: other general provisions
116
Effect of management orders: occupiers
117
Effect of management orders: agreements and legal proceedings
118
Effect of management orders: furniture
119
Management orders: power to supply furniture
120
Termination of management orders: financial arrangements
121
Termination of management orders: leases, agreements and proceedings
122
Management orders: power of entry to carry out work

© Parliamentary copyright 2004
Revised 24 August 2004