Supported Housing (Regulatory Oversight) Act 2023

5 Further provision about licensing regulations E+W

(1) Licensing regulations may include—

(a) provision about how a district is to be designated for the purposes of the regulations, and the duration, review and revocation of a designation;

(b) provision about how an application for a licence is to be made, and the circumstances in which a licence may be granted, varied or revoked;

(c) provision about conditions that may be attached to a licence;

(d) provision about the enforcement of the regulations and of the conditions attached to licences, including provision creating criminal offences punishable with a fine;

(e) provision about other consequences of compliance or non-compliance with the regulations or with conditions attached to licences;

(f) provision about exemptions from requirements that would otherwise be imposed under or by virtue of the regulations;

(g) provision requiring or permitting the licensing authority to charge fees sufficient to meet the costs of performing any of the authority’s functions under or by virtue of the regulations;

(h) provision conferring a discretion on the licensing authority;

(i) provision about appeals against decisions made by the licensing authority;

(j) any other provision corresponding or similar to any provision relating to licences contained in Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation) or Part 3 of that Act (licensing of other residential accommodation).

(2) The provision that may be made by virtue of subsection (1)(b) includes—

(a) provision requiring an application for a licence to be refused unless the licensing authority is satisfied that the applicant is a fit and proper person to be a person having control of, or managing, the accommodation to which the licence relates;

(b) provision requiring a licence to be revoked if the licensing authority ceases to be so satisfied.

(3) The conditions that may be attached to a licence by virtue of subsection (1)(c) include—

(a) conditions relating to the standard of accommodation;

(b) conditions relating to the use of accommodation;

(c) conditions requiring the carrying out of assessments of the needs of residents (or potential residents) and relating to the conduct of such assessments;

(d) conditions relating to the provision of care, support or supervision;

(e) conditions requiring compliance with National Supported Housing Standards (whenever published).

(4) The provision that may be made by virtue of subsection (1)(d) includes provision for an offence under the regulations to be—

(a) a relevant housing offence for the purposes of section 249A of the Housing Act 2004 (financial penalties for certain housing offences in England);

(b) a banning order offence for the purposes of Chapters 2 and 3 of Part 2 of the Housing and Planning Act 2016 (banning orders and database of rogue landlords etc);

(c) an offence to which Chapter 4 of that Part of that Act (rent repayment orders) applies.

(5) The provision that may be made by virtue of subsection (1)(e) includes provision—

(a) disapplying any requirement relating to licences imposed by or under Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation) or Part 3 of that Act (licensing of other residential accommodation),

(b) removing or restricting an entitlement to housing benefit, or

(c) limiting the rent that may be determined under section 14 of the Housing Act 1988 (determination of rent by tribunal) in respect of such accommodation.

(6) Subsection (5)(b) is without prejudice to any other power to make subordinate legislation relating to housing benefit.

(7) Licensing regulations may—

(a) amend, repeal or revoke any enactment;

(b) make different provision for different purposes or different areas;

(c) make supplementary, incidental, consequential, transitional or saving provision.

Commencement Information

I1 S. 5 in force at 29.8.2023, see s. 14(2)