Statutory Instruments
1997 No. 872

HOUSING, ENGLAND AND WALES
The Housing (Prescribed Forms) (Amendment) Regulations 1997

Made
14th March 1997

Laid before Parliament
18th March 1997

Coming into force
8th April 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 under section 614 of the Housing Act 1985(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation and commencement and interpretation

1.—(1) These Regulations may be cited as the Housing (Prescribed Forms) (Amendment) Regulations 1997 and shall come into force on 8th April 1997.

(2) In these Regulations “the principal Regulations” means the Housing (Prescribed Forms)(No. 2) Regulations 1990(2), and a reference to a numbered form in the Second Schedule to these Regulations is a reference to the form bearing that number in the Schedule to the principal Regulations.

Amendment of Principal Regulations

2.  Regulation 2 of the principal Regulations shall be amended as set out in the First Schedule hereto, and the forms set out in the Schedule to the principal Regulations shall be amended as set out in the Second Schedule hereto.

Signed by authority of the Secretary of State

David Curry
Minister of State,
Department of the Environment
13th March 1997

Signed by authority of the Secretary of State for Wales

Jonathan Evans
Parliamentary Under Secretary of State Welsh Office
14th March 1997

Regulation 2
FIRST SCHEDULE

1.  After paragraph (1)(g) insert—

“(gg)Form 10A for a demand under section 352A and Schedule 10 for recovery of expenses of notice under section 352 requiring execution of works incurred by a local housing authority,”.

2.  At the end add—

“(5) Form 10A is prescribed for use only in cases where the notice under section 352 in respect of which the demand is made was served on or after 3rd March 1997.”.

Regulation 2
SECOND SCHEDULE

1.  FORM 6: Notice to execute works to make a house in multiple occupation fit for number of occupants

(a)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

(b)In the notes under “Right of Appeal”, insert after paragraph (g)—

“(h)the authority have failed to issue a written notice stating that they were considering serving the works notice, or to consider any representations made following such written notice, in accordance with article 2(1) of the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 (SI 1997/227).”.

(c)In the notes, under “Right of Appeal”, after “section 353(2), (3) and (5)” insert “and section 377A”.

(d)In the notes, under “Penalties”, for “level 4” substitute “level 5” in each place where it occurs.

(e)For the notes, under “Grant”, substitute—

“You may be entitled under Part I of the Housing Grants, Construction and Regeneration Act 1996, to a discretionary grant from the Council towards the cost of the works. The premises will have to satisfy the preliminary conditions of grant in each case. You should contact the Council about the possibility of a grant, and submit a formal application before appointing contractors or starting the works.”.

2.  FORM 7: Notice to issue works to remedy neglect of management of house in multiple occupation

(a)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989”, insert “and Part II of the Housing Act 1996”.

(b)In the notes, under “Right of Appeal”, insert after the end of paragraph (f)—

“(g)the authority have failed to issue a written notice stating that they were considering serving the works notice, or to consider any representations made following such written notice, in accordance with article 2(1) of the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 (SI 1997/227).”.

(c)In the notes, at the end under “Right of Appeal”, after “section 373(2), (3) and (4)” insert “and section 377A”.

(d)In the notes, under “Penalties”, for “level 4” substitute “level 5” in each place where it occurs.

3.  FORM 8: Notice of local housing authority’s intention to enter and execute works

(a)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

(b)In the notes, under “Penalty for obstruction”, for “level 3” substitute “level 4” in each place where it occurs.

4.  FORM 9: Notice before exercising power of entry

(a)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

(b)In the notes, under “Penalty”, for “level 3” substitute “level 4”.

5.  FORM 10: Demand for recovery of expenses incurred by local housing authority

In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

6.  NEW FORM 10A

After Form 10 insert the following new form—

“FORM 10AHOUSING ACT 1985, SECTION 352A AND SCHEDULE 10

”.

7.  FORM 27: Notice of intention to limit by direction the number of occupants of a [house] [part of a house] in multiple occupation

(a)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

(b)In the notes, under “Effect of direction (if given)”:

(i)for “level 4” substitute “level 5”;

(ii)insert at the end after “on the standard scale”—

“The direction will be a local land charge on the premises to which it relates. This means that it will be recorded in the register of local land charges kept by the Council. This register is public and anyone may search for entries in it upon payment of a fee. Purchasers will normally search this register.”;

(iii)after “section 355” in brackets at the end add “and section 354 inserted by section 74 of the 1996 Act.”.

8.  FORM 28: Direction to limit number of occupants of a [house] [part of a house] in multiple occupation

(a)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

(b)In the notes, under “Penalty”, for “level 4” insert “level 5”.

(c)After the paragraph in the notes headed “Revocation or variation of direction” insert a new paragraph—

“Land charge

The direction will be a local land charge on the premises to which it relates. This means that it will be recorded in the register of local land charges kept by the Council. This register is public and anyone may search for entries upon payment of a fee. Purchasers will normally search this register.

(section 354(8) inserted by section 74 of the 1996 Act)”.

9.  FORM 29: Notice requiring information after a direction to limit number of occupants of house in multiple occupation

(a)In the note, for “level 2” substitute “level 3”.

(b)After “Housing Act 1985, section 356(2)” in brackets at the end of the note, insert “as amended by Part II of the Housing Act 1996”.

10.  FORM 34: Notice requiring information after service of an overcrowding notice in respect of a house in multiple occupation

For the existing note and statutory reference substitute the following—

“NOTE

If you fail to give the Council the information required by this notice you commit an offence punishable in a magistrates' court by a fine not exceeding level 3 on the standard scale. If you give a statement which you know to be false in a material particular you commit an offence punishable by a fine not exceeding level 5 on the standard scale.

(Housing Act 1985, section 364(2) as amended by Part II of the Housing Act 1996).”

11.  FORM 35: Closing Order for part of a house in multiple occupation

(a)In paragraph 1 of the form, for the words from “by virtue of” to the end of the paragraph substitute—

“by virtue of which the power arises is a failure to meet the requirements in section 352(1A)(d) or (e) of the Act, namely, that there are adequate means of escape from fire or adequate other fire precautions in respect of the house.”.

(b)In the notes, in the first paragraph in brackets, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

12.  FORM 37: House in multiple occupation, notice accompanying control order

(a)In paragraph 2, after “Local Government and Housing Act 1989” insert “and Part II of the Housing Act 1996”.

(b)In paragraph 9, for “28 days” substitute “8 weeks”.

(c)In paragraph 17, for “level 3” substitute “level 4”.

(d)In paragraph 18, for “level 3” substitute “level 5”, and omit all words after “standard scale”.

Explanatory Note

(This note is not part of the Regulations)
These Regulations provide for the amendment of prescribed forms relating to houses in multiple occupation following the coming into force of the provisions of Part II of the Housing Act 1996 relating to such houses.


(1)
1985 c. 68.

(2)
SI 1990/1730.