- Statutory Instrument
1997 No. 227
The Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997
© Crown Copyright 1997
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 , ISBN 0 11 063813 1. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
STATUTORY INSTRUMENTS
1997 No. 227
| Made | 4th February 1997 | ||
| Laid before Parliament | 10th February 1997 | ||
| Coming into force | 3rd March 1997 |
The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by subsections (1) and (4) to (6) of section 377A(1) of the Housing Act 1985[1] and all other powers enabling them in that behalf, hereby make the following Order:
Citation and commencement
1 . This Order may be cited as the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 and shall come into force on 3rd March 1997.
Right to make Representations
2 . Except in a case where it appears to the local housing authority necessary to take such action immediately, before a local housing authority serve a works notice on any person they -
(1) shall give to that person a written notice stating:
-
(a) that they are considering serving the works notice;
(b) the reasons why they are considering serving the works notice and the works which should be undertaken to remedy the relevant defect;
(c) that the person may, within a period specified in the notice (not being less than 14 days) make either written representations to the authority or, if the person so requests, make oral representations to the authority in the presence of an officer appointed by the authority (such a request being made not later than the expiry of 7 days beginning with the day on which that notice is given); and
(2) shall consider any representations which are duly made and not withdrawn.
Sanctions for Non-compliance
3
.
Where a works notice is served and the authority have failed to comply with article 2, that failure shall be a ground for appeal additional to those specified in section 353(2)[2] and 373(2)[3] of the Housing Act 1985.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State, Department of the Environment
3rd February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
4th February 1997
(This note is not part of the Order)
This Order provides that before serving a works notice (a notice requiring the execution of works either to render houses in multiple occupation fit for the number of occupants or to remedy neglect in management), a local authority shall serve a notice and give an opportunity for representations to be made unless it appears to the authority necessary to take action immediately.
Notes:
[1] 1985 c.68; section 377A was inserted by section 76 of the Housing Act 1996 (c.52). back
[2] Subsection 2(a) was amended by and subsection (2)(dd) was added by the Local Government and Housing Act 1989, Schedule 9, paragraph 51 (c.42). back
[3] Subsection (2)(cc) was added by the Local Government and Housing Act 1989, Schedule 9, paragraph 59 (c.42). back
ISBN 0 11 063813 1