Office of Public Sector Information
SCHEDULE 15 continued
| “hazard | section 322” |
| “health | section 322” |
| “residential property tribunal | section 229 of the Housing Act 2004”. |
28 In section 439 (requirements as to fitness of premises before advancing money for certain purposes), omit subsections (1) and (2).
29 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 254 to 259 of the Housing Act 2004 for the purposes of that Act (other than Part 1).”
30 For section 584A (compensation payable in case of closing and demolition orders) substitute—
(1) Subject to subsection (3), where a relevant prohibition order becomes operative in respect of any premises or a demolition order under 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 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
(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 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) 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 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;
“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 20 or 21 of the Housing Act 2004 which imposes in relation to the whole of any premises a prohibition on their use for all purposes other than any purpose approved by the authority.”
31 For section 584B (repayment on revocation of demolition or closing order) substitute—
(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 premises), or
(b) the relevant prohibition order is revoked under section 25(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 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 with a relevant prohibition order, and
(b) by virtue of section 25(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 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 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—
(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 25(4) of the Housing Act 2004, the order is varied,
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).
(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
(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.
(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 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, 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.”
32 (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 tribunal, to a leasehold valuation tribunal;”.
33 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)”.
34 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 as defined by sections 254 to 259 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 14 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;”.
35 In section 195(2) of that Act (short title, commencement and extent) for “167” substitute “168”.
36 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—
“(2) In this paragraph “house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 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 14 to that Act).”
37 (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);
(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
(d) omit “the” after “that Commissioner or”.
(3) In subsection (2) omit “the Welsh Administration”.
38 For paragraph (aa)(i) of the definition of “residential accommodation” in section 1(1) of the Home Energy Conservation Act 1995 (interpretation) substitute—
“(i) in England and Wales, a house in multiple occupation as defined by sections 254 to 259 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 14 to that Act),”.
39 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”.
40 The Housing Act 1996 has effect subject to the following amendments.
41 In section 52(1) (general provisions as to orders) after “17,” insert “27A,”.
42 In section 54 (determinations requiring approval), at the end of paragraph (b) insert “or
(c) any determination under section 27B (transfer of property funded by grants under section 27A),”.
43 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 overcrowding) and Parts 1 to 4 of the Housing Act 2004”.
44 In section 24 of the Housing Grants, Construction and Regeneration Act 1996 (considerations of fitness before approving applications for certain grants), omit subsection (4).
45 (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);
(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
(d) after “that Commissioner” insert “or Ombudsman”.
(3) In sub-paragraph (2) after “Commissioner” insert “or Ombudsman”.
46 In the table in section 76(1) of the Freedom of Information Act 2000, after the entry relating to the Welsh Administration Ombudsman, insert—
| “The Social Housing Ombudsman for Wales | Part 1, Chapter 5 of the Housing Act 1996 (c. 52).” |
47 In section 87 of the Local Government Act 2003 (housing strategies and statements) for subsection (4) substitute—
“(4) In this section—
“housing” includes accommodation needs for gypsies and travellers within the meaning of section 225 of the Housing Act 2004;
“local housing authority” has the same meaning as in the Housing Act 1985 (c. 68).”
Housing Act 2004