Arrangement of Clauses (Contents)

London Local Authorities Bill—continued


 

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PART 4

Houses in Multiple Occupation: Management Notices

11Interpretation of Part 4

In this Part—

"the 2004 Act" means the Housing Act 2004 (c. 34);

"HMO" means a house in multiple occupation as defined by sections 254 to 259 of the 2004 Act;

"lessee", "owner and "tenant" have the same meanings as in section 262 of the 2004 Act;

"local housing authority" means a borough council acting in its capacity as such;

"management notice" means a notice under section 12(1);

"specified premises", in relation to a management notice, means premises specified in the notice, in accordance with section 13, as premises in relation to which remedial action is to be taken.

12Power to require remedial action to remedy a failure to comply with management duties
(1)If in the opinion of the local housing authority the condition of an HMO in their area is defective in consequence of a failure to comply with any duty imposed by regulations under section 234 of the 2004 Act, the authority may serve on the person managing the HMO a management notice under this section in respect of the failure.
(2)A management notice under this section is a notice requiring the person on whom it is served to take such remedial action in respect of the failure concerned as is specified in the notice in accordance with section 13.
(3)Where the authority serves a management notice under subsection (1) they must serve a copy of the notice on every other person who, to their knowledge—
(a)has a relevant interest in the specified premises; or
(b)is an occupier of the specified premises.
(4)In subsection (3)(a), "relevant interest" means an interest as a freeholder, lessee or mortgagee of the specified premises.
(5)References in this section to the person managing an HMO have the same meaning as in section 263 of the 2004 Act.

13Contents of management notices
(1)A management notice under section 12 must comply with the following provisions of this section.
(2)The notice must specify, in relation to the failure (or each of the failures) to which it relates—
(a)the nature of the failure and the HMO in respect of which it arose;
(b)the HMO in relation to which remedial action is to be taken in respect of the failure and the nature of that remedial action;
(c)the date when the remedial action is to be started (see subsection (3)); and
(d)the period within which the remedial action is to be completed or the periods within which each part of it is to be completed.
(3)The notice may not require any remedial action to be started earlier than the 28th day after that on which the notice is served.
(4)The notice must contain information about—
(a)the right of appeal against the notice under Schedule 2; and
(b)the period within which an appeal may be made.

14Operation of management notices
(1)This section deals with the time when a management notice becomes operative.
(2)The general rule is that a management notice becomes operative at the end of the period of 21 days beginning with the day on which it is served under section 12(1) (which is the period for appealing against the notice under Schedule 2).
(3)The general rule is subject to subsection (4).
(4)If an appeal against the notice is made under Schedule 2, the notice does not become operative until such time (if any) as is the operative time for the purposes of this subsection under paragraph 6 of that Schedule (time when notice is confirmed on appeal, period for further appeal expires or suspension ends).
(5)If no appeal against a management notice is made under that Schedule within the period for appealing against it, the notice is final and conclusive as to matters which could have been raised on an appeal.

15Appeal against notice under section 12

Schedule 2 shall have effect.

16Taking of remedial action by local housing authority and recovery of expenses

Schedule 3 shall have effect.

17Effect of management notices as local land charges

A management notice that has become operative is a local land charge.

18Savings for rights arising from breach of covenant etc.
(1)Nothing in this Part affects any remedy of an owner for breach of any covenant or contract entered into by a tenant in connection with any premises which are specified premises in relation to a management notice.
(2)If an owner is obliged to take possession of any premises in order to comply with a management notice, the taking of possession does not affect his right to take advantage of any such breach which occurred before he took possession.
(3)No action taken under this Part affects any remedy available to the tenant of any premises against his landlord (whether at common law or otherwise).

19Effect of other enforcement and management orders under the 2004 Act and redevelopment proposals
(1)Subsection (2) applies if—
(a)a management notice has been served under this Part; and
(b)either—
(i)enforcement action of the kind mentioned in section 5(2) or 7(2) of the 2004 Act (duty and powers to take enforcement action in relation to hazards) is taken in relation to the subject matter of the management notice; or
(ii)a management order under Chapter 1 or 2 of Part 4 of the 2004 Act (additional control provisions in relation to residential accommodation) comes into force in relation to the specified premises.
(2)The management notice—
(a)if operative at the time when the enforcement action is taken or the management order comes into force, ceases to have effect at that time, and;
(b)otherwise is to be treated as from that time as if it had not been served or made.
(3)Subsection (2)(a) does not affect any right acquired or liability (civil or criminal) incurred before the management notice ceases to have effect.
(4)Subsection (5) applies where, under section 308 of the Housing Act 1985 (c. 68) (owner's re-development proposals), the local housing authority have approved proposals for the re-development of land.
(5)No action is to be taken under this Part in relation to the land if, and so long as, the re-development is being proceeded with (subject to any variation or extension approved by the authority)—
(a)in accordance with the proposals; and
(b)within the time limits specified by the local housing authority.

20Application of provisions of the 2004 Act to management notices
(1)The following modifications to Part 1 of the 2004 Act (housing conditions) shall apply in the area of a borough council.
(2)In section 10 (consultation with fire and rescue authorities in certain cases)—
(a)at the end of subsection (1)(b) insert "or intend to serve a management notice under section 12 of the London Local Authorities Act 2008";
(b)in subsection (2), after "in question" insert "or serving the management notice".
(3)In section 49 (power to charge for certain enforcement action)—
(a)at the end of subsection (1)(f) insert—
"; or
(fa)serving a management notice under section 12 of the London Local Authorities Act 2008.";
(b)in subsection (2), after "hazard awareness notice" insert "or a management notice".
(4)In section 50(2) (recovery of charge under section 49), after paragraph (b) insert—
"; or
(ba)a management notice under section 12 of the London Local Authorities Act 2008,".
(5)In section 239 (powers of entry) after subsection (2) insert—
"(2A)Subsection (3) also applies where the local housing authority consider that a survey or examination of any premises is necessary in order to determine whether a management notice under section 12 of the London Local Authorities Act 2008 is required to be served.".
(6)In section 240(2)(b) (warrant to authorise entry), after paragraph (ii) insert—
"; or
(iii)which are specified premises (within the meaning of Part 4 of the London Local Authorities Act 2008) in relation to a management notice under section 12 of that Act".
(7)In section 246(5) (service of documents), after "Parts 1 to 4 or this Part" insert "or Part 4 of the London Local Authorities Act 2008".

PART 5

Housing: Powers of Entry, etc.

21Housing Act 2004: powers of entry
(1)Section 239 of the Housing Act 2004 (c. 34) (powers of entry) shall apply in the area of a borough council as follows.
(2)In subsection (5)—
(a)omit paragraph (a);
(b)in paragraph (b), after "occupier" insert "of the premises";
(c)after paragraph (b), insert—
", and
(ba)if there is no occupier, to the owner of the premises (if known).".
(3)In subsection (6)—
(a)after "consider that" insert "—(a)";
(b)at the end insert—
"; or
(b)any delay in entering the premises for any purpose authorised by this section (except in a case where the power to enter arises solely out of the condition in subsection (1)(c) being met) is likely to give rise to unnecessary and imminent risk to the safety or health of the occupiers of the premises.".
(4)After subsection (7) insert—
"(7A)  A person authorised by the local housing authority may enter premises for the purpose of carrying out a survey or examination of the premises without giving prior notice as mentioned in subsection (5) if—
(a)the occupier of the premises has invited the local housing authority or an authorised person or the proper officer onto the premises for that purpose or agreed that an authorised person or proper officer of the local housing authority may enter the premises for that purpose; and
(b)the power of entry is exercised at a reasonable time and in compliance with any conditions of the invitation or agreement.".

22Housing Act 2004: authorisation for enforcement purposes, etc.
(1)Section 243 of the Housing Act 2004 (authorisation for enforcement purposes) shall apply in the area of a borough council as follows.
(2)After subsection (3) insert—
"(3A)  For the purposes of this section a person is also an "appropriate officer" of a local housing authority in relation to an authorisation given by the authority if—
(a)he is an officer of the authority whose duties of his post consist of or include duties relating to the exercise of the functions of the authority in connection with which the authorisation is given; and
(b)he has been designated as an appropriate person by a person who fulfils the requirements of subsection (3)(a) and (b) and remains so designated; and
(c)he reports directly to, or is accountable to a person who fulfils those requirements, as respects duties so relating.".

PART 6

Licensing

Miscellaneous

23Licensing Act 2003 applications: regulated entertainment involving nudity, etc.
(1)This section shall apply in the area of a borough council on and after the appointed day.
(2)This section applies in relation to any premises in the area of a borough council in respect of which—
(a)no 1963 Act licence was in force immediately before the new licence date; and
(b)a premises licence was granted under paragraph 4 of Schedule 8 to the 2003 Act; and
(c)at the same time as the application was made for the premises licence under paragraph 2 of that Schedule, or at any time after that date and before the date on which this section comes into force in the borough, an application was granted under section 34 of the 2003 Act for a variation of the licence which authorised the provision of specified regulated entertainment; and
(d)on the date on which this Act was passed the premises licence remained in force and it authorised the provision of specified regulated entertainment.
(3)No later than the date on which expires the period of 6 months beginning with the appointed day, a borough council may serve a notice under subsection (5) on the holder of the premises licence in respect of the premises to which this section applies.
(4)A notice under subsection (5) may only be served by a borough council if they consider doing so would promote one or more of the licensing objectives within the meaning of section 4(1) of the 2003 Act.
(5)A notice under this subsection is a notice stating that as from the date specified in it the premises licence will be subject to a condition reproducing or having similar effect to condition set out in subsection (6), specifying the terms of the condition.
(6)The condition is that any dancing or other performance that involves nudity or partial nudity is prohibited at all times or at times prescribed in the condition.
(7)The date specified in the notice shall be no sooner than the date on which expires the period of 56 days beginning with the date on which the notice was served.
(8)Subject to subsection (9), the condition whose terms were specified in the notice under subsection (5) shall come into effect on the date specified in the notice and the borough council shall as soon as reasonably practicable after that date issue a replacement premises licence to the holder of the licence.
(9)If the holder of the licence appeals under subsection (10) against the notice, the condition shall not come into effect until the appeal is withdrawn or determined.
(10)The holder of a premises licence may appeal against a notice under subsection (5).
(11)An appeal under subsection (10) must be made to the magistrates' court for the petty sessions area (or any such area) in which the premises concerned are situated.
(12)An appeal under subsection (10) must be commenced by notice of appeal given by the appellant to the justices' chief executive for the magistrates' court within the period of 21 days beginning with the day on which the notice under subsection (5) was served.
(13)On an appeal under subsection (10), a magistrates' court may—
(a)dismiss the appeal;
(b)substitute for the condition specified in the notice appealed against any other condition which could have been made by the licensing authority; or
(c)remit the case to the licensing authority to dispose of it in accordance with the direction of the court,

and may make such order as to costs as it thinks fit.

(14)In this section—

"a 1963 Act licence" means a music and dancing licence granted under paragraph 1 of Schedule 12 to the London Government Act 1963 (c. 33);

"the 2003 Act" means the Licensing Act 2003 (c. 17);

"the new licence date" means the second appointed day as defined in paragraph 1(2) of the 2003 Act, namely 24th November 2005;

"premises licence" has the same meaning as in the Act of 2003 (see section 11 of that Act);

"specified regulated entertainment" means entertainment of a description falling within paragraphs 2(e) to (h) of Schedule 1 to the 2003 Act.

 

 
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Prepared 4 December 2007