PART 7 continued
(6) In this Act “occupier”, in relation to premises, means a person who—
(a) occupies the premises as a residence, and
(b) (subject to the context) so occupies them whether as a tenant or other person having an estate or interest in the premises or as a licensee;
and related expressions are to be construed accordingly.
This subsection does not apply for the purposes of Part 5 and has effect subject to any other provision defining “occupier” for any purposes of this Act.
(7) In this 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 dispose of the fee simple of the premises whether in possession or in 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 3 years.
(8) In this Act “person having an estate or interest”, in relation to premises, includes a statutory tenant of the premises.
(9) In this Act “licence”, in the context of a licence to occupy premises—
(a) includes a licence which is not granted for a consideration, but
(b) excludes a licence granted as a temporary expedient to a person who entered the premises as a trespasser (whether or not, before the grant of the licence, another licence to occupy those or other premises had been granted to him);
and related expressions are to be construed accordingly.
And see sections 108 and 117 and paragraphs 3 and 11 of Schedule 7 (which also extend the meaning of references to licences).
(1) In this Act “person having control”, in relation to premises, means (unless the context otherwise requires) the person who receives the rack-rent of the premises (whether on his own account or as agent or trustee of another person), or who would so receive it if the premises were let at a rack-rent.
(2) In subsection (1) “rack-rent” means a rent which is not less than two-thirds of the full net annual value of the premises.
(3) In this Act “person managing” means, in relation to premises, the person who, being an owner or lessee of the premises—
(a) receives (whether directly or through an agent or trustee) rents or other payments from—
(i) in the case of a house in multiple occupation, persons who are in occupation as tenants or licensees of parts of the premises; and
(ii) in the case of a house to which Part 3 applies (see section 79(2)), persons who are in occupation as tenants or licensees of parts of the premises, or of the whole of the premises; or
(b) would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments;
and includes, where those rents or other payments are received through another person as agent or trustee, that other person.
(4) In its application to Part 1, subsection (3) has effect with the omission of paragraph (a)(ii).
(5) References in this Act to any person involved in the management of a house in multiple occupation or a house to which Part 3 applies (see section 79(2)) include references to the person managing it.
(1) The appropriate national authority may prescribe rules with respect to the calculation of numbers of persons for the purposes of—
(a) any provision made by or under this Act which is specified in the rules, or
(b) any order or licence made or granted under this Act of any description which is so specified.
(2) The rules may provide—
(a) for persons under a particular age to be disregarded for the purposes of any such calculation;
(b) for persons under a particular age to be treated as constituting a fraction of a person for the purposes of any such calculation.
(3) The rules may be prescribed by order or regulations.
(1) Schedule 15 (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 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 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.
Schedule 16 (which contains repeals) has effect.
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);
(b) the Housing Act 1988 (c. 50);
(c) the Housing Act 1996 (c. 52).
(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 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.
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State by virtue of this Act;
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(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 passed—
(a) sections 2, 9, 161 to 164, 176, 190, 208, 216, 233, 234, 244, 248, 250, 252, 264, 265(2) to (5), 267 to 269 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 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 180, 182 to 189, 195 to 207, 209 to 211, 217, 218, 219, 222, 224, 245 to 247, 249, 251 and 253 to 263,
(b) Schedule 9,
(c) Schedule 11, except paragraphs 15 and 16, and
(d) Schedule 14.
(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 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 9),
(b) Parts 2 to 4,
(c) sections 179, 181, 191 to 194, 212 to 215, 220, 221, 223, 225, 226, 227, 229 to 232, 235 to 243, 265(1) and 266,
(d) Schedule 10,
(e) paragraphs 15 and 16 of Schedule 11, and
(f) Schedules 13, 15 and 16.
(6) Part 5 (other than sections 161 to 164 and 176) comes into force on such day as the Secretary of State may by order appoint.
(7) Section 228 and Schedule 12 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).
(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 to which functions are exercisable by the Assembly
(11) Subject to subsections (12) and (13), this Act extends to England and Wales only.
(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.
(13) This section extends to the whole of the United Kingdom.