Modifications etc. (not altering text)
C1Pt. XI (ss. 345–400): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(4)
C2Pt. XI (ss. 345-400) applied (17.12.1996) by 1996 c. 53, s. 90(b); S.I. 1996/2842, art. 3 (with transitional, supplementary and saving provisions in arts. 5-8)
(1)The local housing authority may make and submit to the Secretary of State for confirmation by him a registration scheme authorising the authority to compile and maintain a register for their district of—
(a)houses in multiple occupation, . . . F1
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
and the Secretary of State may if he thinks fit confirm the scheme, with or without modification.
(2)A registration scheme need not be for the whole of the authority’s district and need not be for every description of house . . . F2 falling within [F3paragraph (a)] of subsection (1).
(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 notify the authority of the fact that a house . . . F4 appears to be registrable and to give the authority as regards such a house . . . F4 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 . . . F4.
(4)A registration scheme shall not come into force before it has been confirmed but subject to that comes into force on such date as may be fixed by the scheme or, if no date is so fixed, at the expiration of one month after it is confirmed.
(5)A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time, with the consent of the Secretary of State, by order revoke a registration scheme.
(6)[F5Subject to section 374(4)] a person who contravenes or fails to comply with a provision of a registration scheme commits a summary offence and is liable on conviction to a fine not exceeding, [F6level 3] on the standard scale [F7and, if the contravention or failure continues, he commits a further summary offence and is liable on conviction to a fine not exceeding one-tenth of the amount corresponding to that level for every day or part of a day during which the contravention or failure continues].
Textual Amendments
F1Word “and” and s. 346(1)(b) repealed by Local Government and Housing Act 1989 (c.42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 45(1), Sch. 12 Pt. II
F2Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 45(2), Sch. 12 Pt. II
F3Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 45(2)
F4Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 45(3), Sch. 12 Pt. II
F5Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 45(4)(a)
F6Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 45(4)(b)
Valid from 01/10/1996
(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.]
Textual Amendments
F8Ss. 346-346B substituted (1.10.1996 for specified purposes otherwise 3.3.1997) for s. 346 by 1996 c. 52, s. 65(1) (with s. 70); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2
Valid from 01/10/1996
(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.]
Textual Amendments
F9Ss. 346-346B substituted (1.10.1996 for specified purposes otherwise 3.3.1997) for s. 346 by 1996 c. 52, s. 65(1) (with s. 70); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2
(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 apply—
(a)where the persons occupying the house form only two households, or
(b)where, apart from one household (if any), the house is occupied by no more than four persons;
and shall not affect the continued occupation of a house by the number of households or persons occupying it when the provisions come into force.
(4)[F10Where a person is] convicted of an offence under section 346(6) (contravention or failure to comply with provisions of registration scheme) consisting of a contravention of so much of control provisions as relates—
(a)to occupation to a greater extent than permitted under those provisions of a house which is not registered, or
(b)to occupation of a house which is registered by more households or persons than the registration permits,
[F11the said section 346(6) shall have effect as if for the words “level 3” there were substituted “level 4”.].
Textual Amendments
F10Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 46(a)
F11Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 46(b)
(1)Control provisions may enable the local housing authority—
(a)to refuse to register or to vary the registration of a house on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted by virtue of the registration or variation;
(b)to refuse to register a house 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 registration or of varying the registration of a house that such works are executed as will make the house suitable for such occupation as will be permitted by virtue of the registration or variation.
(2)Control provisions shall provide that where the local housing authority refuse to register or vary the registration of a house, or require the execution of works as a condition of doing so, they shall give the applicant a written statement of their reasons.
(3)Where a person has applied for the registration or the variation of the registration of a house in pursuance of control provisions and the local housing authority—
(a)notify him that they refuse to register the house or to vary the registration in accordance with the application, or
(b)notify him that they require the execution of works as a condition of registering the house or varying the registration in accordance with the application, or
(c)do not within five weeks after receiving the application, or such longer period as may be agreed in writing between the authority and the applicant, register the house or vary 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 (c), or such longer period as the authority may in writing allow, appeal to the county court.
(4)On such an appeal the court may confirm, reverse or vary the decision of the authority; and where the decision of the authority was a refusal to register or vary the registration of a house, the court may direct them to register or vary the registration either in accordance with the application as made or in accordance with that application as varied in such manner as the court may direct.
Valid from 01/10/1996
(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.]
Textual Amendments
F12Ss. 348, 348A substituted (1.10.1996 for specified purposes otherwise 3.3.1997) by 1996 c. 52, s. 66 (with s. 70); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2
Valid from 03/03/1997
(1)A registration scheme which contains control provisions may also contain special control provisions, that is, provisions for preventing houses in multiple occupation, by reason of their existence or the behaviour of their residents, from adversely affecting the amenity or character of the area in which they are situated.
(2)Special control provisions may provide for the refusal or revocation of registration, for reducing the number of households or persons for which a house is registered and for imposing conditions of registration.
(3)The conditions of registration may include conditions relating to the management of the house or the behaviour of its occupants.
(4)Special control provisions may authorise the revocation of registration in the case of—
(a)occupation of the house by more households or persons than the registration permits, or
(b)a breach of any condition imposed in pursuance of the special control provisions,
which is due to a relevant management failure.
(5)Special control provisions shall not authorise the refusal of—
(a)an application for first registration of a house which has been in operation as a house in multiple occupation since before the introduction by the local housing authority of a registration scheme with special control provisions, or
(b)any application for renewal of registration of a house previously registered under such a scheme,
unless there has been a relevant management failure.
(6)Special control provisions may provide that in any other case where an application is made for first registration of a house the local housing authority may take into account the number of houses in multiple occupation in the vicinity in deciding whether to permit or refuse registration.]
Textual Amendments
F13Ss. 348B-348F inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Valid from 03/03/1997
(1)Special control provisions shall provide that the local housing authority shall give a written statement of their reasons to the applicant where they refuse to grant his application for first registration, or for a renewal or variation of a registration, or impose conditions of registration on such an application.
(2)Special control provisions shall provide that the authority shall give written notice to the person having control of the house and the person managing it of any decision by the authority—
(a)to vary the conditions of registration (otherwise than on an application to which subsection (1) applies), or
(b)to revoke the registration of the house,
and at the same time give them a written statement of the authority’s reasons.
(3)Where in accordance with special control provisions 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 such an applicant of the imposition of conditions of registration, or
(c)give notice to the person having control or the person managing the house of any such decision as is mentioned in subsection (2),
that person may, within 21 days of being so notified, or such longer period as the authority may in writing allow, appeal to the county court.
(4)If on appeal it appears to the court—
(a)that there has been any informality, defect or error in, or in connection with, the authority’s decision, or
(b)that the authority acted unreasonably,
the court may reverse or vary the decision of the authority.
(5)In so far as an appeal is based on the ground mentioned in subsection (4)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
(6)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.
(7)Where the decision of the authority was to impose conditions of registration, 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.]
Textual Amendments
F14Ss. 348B-348F inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Valid from 03/03/1997
(1)Special control provisions may provide that where the local housing authority decide that the registration of a house should be revoked the authority may direct that the level of occupation of the house be reduced, within such period of not less than 28 days as they may direct, to a level such that the registration scheme does not apply.
Such a direction is referred to in this Part as an “occupancy direction”.
(2)Special control provisions shall provide that the authority shall only make an occupancy direction if it appears to the authority that there has been a relevant management failure resulting in a serious adverse effect on the amenity or character of the area in which the house is situated.
(3)In considering whether to make an occupancy direction the authority shall take into account the interests of the occupants of the house and the person having control of the house as well as the interests of local residents and businesses.
(4)Special control provisions may require the person having control of the house, and the person managing it, to take all reasonably practicable steps to comply with an occupancy direction.
(5)Nothing in Part I of the M1Housing Act 1988 prevents possession being obtained by any person in order to comply with an occupancy direction.
(6)Nothing in this section affects any liability in respect of any other contravention or failure to comply with control provisions or special control provisions.]
Textual Amendments
F15Ss. 348B-348F inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Marginal Citations
Valid from 03/03/1997
(1)Special control provisions shall provide that where the local housing authority make an occupancy direction in respect of a house they shall give written notice of the direction to the person having control of the house and the person managing it and at the same time give them a written statement of the authority’s reasons.
(2)A person aggrieved by an occupancy direction may, within 21 days after the date of the service of notice as mentioned in subsection (1), appeal to the county court.
(3)If on appeal it appears to the court—
(a)that there has been any informality, defect or error in, or in connection with, the authority’s decision, or
(b)that the authority acted unreasonably,
the court may make such order either confirming, quashing or varying the notice as it thinks fit.
(4)In so far as an appeal is based on the ground mentioned in subsection (3)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
(5)If an appeal is brought the direction does not become operative until—
(a)a decision on the appeal confirming the direction (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
(b)if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the direction (with or without variation).
(6)For this purpose the withdrawal of an appeal has the same effect as a decision confirming the direction or decision appealed against.]
Textual Amendments
F16Ss. 348B-348F inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Valid from 03/03/1997
A “relevant management failure” for the purposes of sections 348B to 348E (special control provisions) means a failure on the part of the person having control of, or the person managing, a house in multiple occupation to take such steps as are reasonably practicable to prevent the existence of the house or the behaviour of its residents from adversely affecting the amenity or character of the area in which the house is situated, or to reduce any such adverse effect.]
Textual Amendments
F17Ss. 348B-348F inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Valid from 03/03/1997
(1)A person who contravenes or fails to comply with a provision of a registration scheme commits an offence.
(2)A person who commits an offence under this section consisting of a contravention of so much of control provisions as relates—
(a)to occupation to a greater extent than permitted under those provisions of a house which is not registered, or
(b)to occupation of a house which is registered by more households or persons than the registration permits,
is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3)A person who commits an offence under this section consisting of a contravention of so much of special control provisions as requires all reasonably practicable steps to be taken to comply with an occupancy direction is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4)A person who commits any other offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
Textual Amendments
F18S. 348G inserted (3.3.1997) by 1996 c. 52, s. 68(1) (with s. 70); S.I. 1997/350, art. 2
(1)The local housing authority shall publish notice of their intention to submit a registration scheme to the Secretary of State for confirmation in one or more newspapers circulating in their district at least one month before the scheme is submitted for confirmation.
(2)As soon as a registration scheme is confirmed by the Secretary of State, the local housing authority shall publish in one or more newspapers circulating in their district a notice—
(a)stating the fact that a registration scheme has been confirmed, and
(b)describing any steps which will have to be taken under the scheme by those concerned with registrable houses . . . F19 (other than steps which have only to be taken after a notice from the authority),and
(c)naming a place where a copy of the scheme may be seen at all reasonable hours.
(3)A copy of a registration scheme confirmed by the Secretary of State—
(a)shall be printed and deposited at the offices of the local housing authority by whom it was made, and
(b)shall at all reasonable hours be open to public inspection without payment;
and a copy of the scheme shall on application be furnished to any person on payment of such sum, not exceeding 5p for every copy, as the authority may determine.
(2)If the local housing authority revoke a registration scheme by order they shall publish notice of the order in one or more newspapers circulating in their district.
Textual Amendments
(1)The local housing authority may—
(a)for the purpose of ascertaining whether a house . . . F20 is registrable, and
(b)for the purpose of ascertaining the particulars to be entered in the register as regards a house . . . F20,
require a person who has an estate or interest in, or who lives in, the house . . . F20 to state in writing any information in his possession which the authority may reasonably require for that purpose.
(2)A person who, having been required in pursuance of this section to give information to a local housing authority, fails to give the information, or knowingly makes a mis-statement in respect of it, commits a summary offence and is liable on conviction to a fine not exceeding
[F21(a)]level 2 on the standard scale [F22in the case of such a failure; or
(b)level 3 on the standard scale in the case of such a mis-statement].
Textual Amendments
F20Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 48(1), Sch. 12 Pt. II
F21 “(a)” inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch 9 Pt. III para. 48(2)
F22Words beginning “in the case” and s. 350(2)(b) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 48(2)
(1)If there is produced a printed copy of a registration scheme purporting to be made by a local housing authority, upon which there is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
(a)that the scheme was made by the authority,
(b)that the copy is a true copy of the scheme, and
(c)that on a specified date the scheme was confirmed by the Secretary of State,
the certificate is prima facie evidence of the facts so stated without proof of the handwriting or official position of the person by whom it purports to be signed.
(2)A document purporting to be a copy of an entry in a register kept under a registration scheme and to be certified as a true copy by the proper officer of the authority is prima facie evidence of the entry without proof of the handwriting or official position of the person by whom it purports to be signed.