Housing Act 1996
1996 Chapter 52 - continued

 
  PART II
  HOUSES IN MULTIPLE OCCUPATION
 
Registration schemes
Making and approval of registration schemes.     65. - (1) In Part XI of the Housing Act 1985 (houses in multiple occupation), for section 346 (registration schemes) substitute-
 
 
"Registration schemes.     346. - (1) A local housing authority may make a registration scheme authorising the authority to compile and maintain a register for their district of houses in multiple occupation.
 
    (2) A registration scheme need not be for the whole of the authority's district and need not apply to every description of house in multiple occupation.
 
      (3) A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time by order revoke a registration scheme.
 
Contents of registration scheme.     346A. - (1) A registration scheme shall make it the duty of such person as may be specified by the scheme to register a house to which the scheme applies and to renew the registration as and when required by the scheme.
 
      (2) A registration scheme shall provide that registration under the scheme-
 
 
    (a) shall be for a period of five years from the date of first registration, and
 
    (b) may on application be renewed, subject to such conditions as are specified in the scheme, for further periods of five years at a time.
      (3) A registration scheme may-
 
 
    (a) specify the particulars to be inserted in the register,
 
    (b) make it the duty of such persons as may be specified by the scheme to give the authority as regards a house all or any of the particulars specified in the scheme,
 
    (c) make it the duty of such persons as may be specified by the scheme to notify the authority of any change which makes it necessary to alter the particulars inserted in the register as regards a house.
      (4) A registration scheme shall, subject to subsection (5)-
 
 
    (a) require the payment on first registration of a reasonable fee of an amount determined by the local housing authority, and
 
    (b) require the payment on any renewal of registration of half the fee which would then have been payable on a first registration of the house.
      (5) The Secretary of State may by order make provision as to the fee payable on registration-
 
 
    (a) specifying the maximum permissible fee (whether by specifying an amount or a method for calculating an amount), and
 
    (b) specifying cases in which no fee is payable.
      (6) An order under subsection (5)-
 
 
    (a) may make different provision with respect to different cases or descriptions of case (including different provision for different areas), and
 
    (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Model schemes and confirmation of schemes.     346B. - (1) The Secretary of State may prepare model registration schemes.
 
      (2) Model registration schemes may be prepared with or without control provisions (see section 347) or special control provisions (see section 348B); and different model schemes may be prepared for different descriptions of authorities and for different areas.
 
      (3) A registration scheme which conforms to a model scheme-
 
 
    (a) does not require confirmation by the Secretary of State, and
 
    (b) comes into force on such date (at least one month after the making of the scheme) as may be specified in the scheme.
      (4) Any other registration scheme does not come into force unless and until confirmed by the Secretary of State.
 
      (5) The Secretary of State may if he thinks fit confirm such a scheme with or without modifications.
 
      (6) A scheme requiring confirmation shall not come into force before it has been confirmed but, subject to that, comes into force on such date as may be specified in the scheme or, if no date is specified, one month after it is confirmed.".
 
      (2) In section 351(1) of the Housing Act 1985 (proof of matters relating to registration scheme), in paragraph (c) at the beginning insert "that the scheme did not require confirmation by the Secretary of State or".
 
Registration schemes: control provisions.     66. In Part XI of the Housing Act 1985 (houses in multiple occupation), for sections 347 and 348 (registration schemes: control provisions) substitute-
 
 
"Control provisions.     347. - (1) A registration scheme may contain control provisions, that is to say, provisions for preventing multiple occupation of a house unless-
 
    (a) the house is registered, and
 
    (b) the number of households or persons occupying it does not exceed the number registered for it.
      (2) Control provisions may prohibit persons from permitting others to take up residence in a house or part of a house but shall not prohibit a person from taking up or remaining in residence in the house.
 
      (3) Control provisions shall not prevent the occupation of a house by a greater number of households or persons than the number registered for it if all of those households or persons have been in occupation of the house without interruption since before the number was first registered.
 
Control provisions: decisions on applications and appeals.     348. - (1) Control provisions may enable the local housing authority, on an application for first registration of a house or a renewal or variation of registration-
 
 
    (a) to refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;
 
    (b) to refuse the application on the ground that the person having control of the house or the person intended to be the person managing the house is not a fit and proper person;
 
    (c) to require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the authority may determine;
 
    (d) to impose such conditions relating to the management of the house during the period of registration as the authority may determine.
      (2) Control provisions shall provide that the local housing authority shall give an applicant a written statement of their reasons where they-
 
 
    (a) refuse to grant his application for first registration or for a renewal or variation of registration,
 
    (b) require the execution of works as a condition of granting such an application, or
 
    (c) impose conditions relating to the management of the house.
      (3) Where the local housing authority-
 
 
    (a) notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,
 
    (b) notify an applicant that they require the execution of works as a condition of granting such an application,
 
    (c) notify an applicant that they intend to impose conditions relating to the management of the house, or
 
    (d) do not within five weeks of receiving the application, or such longer period as may be agreed in writing between the authority and the applicant, register the house or vary or renew the registration in accordance with the application,
  the applicant may, within 21 days of being so notified or of the end of the period mentioned in paragraph (d), or such longer period as the authority may in writing allow, appeal to the county court.
      (4) On appeal the court may confirm, reverse or vary the decision of the authority.
 
      (5) Where the decision of the authority was a refusal-
 
 
    (a) to grant an application for first registration of a house, or
 
    (b) for the renewal or variation of the registration,
  the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.
      (6) For the purposes of subsections (4) and (5) an appeal under subsection (3)(d) shall be treated as an appeal against a decision of the authority to refuse the application.
 
      (7) Where the decision of the authority was to impose conditions relating to the management of the house, the court may direct the authority to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.
 
Control provisions: other decisions and appeals.     348A. - (1) Control provisions may enable the local housing authority at any time during a period of registration (whether or not an application has been made)-
 
 
    (a) to alter the number of households or persons for which a house is registered or revoke the registration on the ground that the house is unsuitable and incapable of being made suitable for such occupation as is permitted by virtue of the registration; or
 
    (b) to alter the number of households or persons for which a house is registered or revoke the registration unless such works are executed within a specified time as will make the house in question suitable for such occupation as is permitted by virtue of the registration.
      (2) Control provisions which confer on a local housing authority any such power as is mentioned in subsection (1) shall provide that the authority shall, in deciding whether to exercise the power, apply the same standards in relation to the circumstances existing at the time of the decision as were applied at the beginning of the period of registration.
 
      (3) Control provisions may enable the local housing authority to revoke a registration if they consider that-
 
 
    (a) the person having control of the house or the person managing it is not a fit and proper person, or
 
    (b) there has been a breach of conditions relating to the management of the house.
      (4) Control provisions shall also provide that the local housing authority shall-
 
 
    (a) notify the person having control of a house and the person managing it of any decision by the authority to exercise a power mentioned in subsection (1) or (3) in relation to the house, and
 
    (b) at the same time give them a written statement of the authority's reasons.
      (5) A person who has been so notified may within 21 days of being so notified, or such longer period as the authority may in writing allow, appeal to the county court.
 
      (6) On appeal the court may confirm, reverse or vary the decision of the authority.".
 
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Prepared 22 December 1996