§ Exercise of powers of local authority
§ 1. If it appears to a local authority that a house which is occupied by persons who do not form a single household is not provided with such means of escape from fire as the local authority considers necessary the local authority may exercise such of its powers under this Schedule as appear to it most appropriate; and it shall do so if the house is of such description or occupied in such manner as the Secretary of State may by order specify.
§ Powers available to local authority
§ 2. —(1) The local authority may serve a notice on any person on whom a notice may be served under section 15 of the Housing Act 1961 specifying the works which in the opinion of the local authority are required to provide the necessary means of escape from fire and requiring the person on whom the notice is served to execute those works within such period, not less than twenty-one days from the service of the notice, as may be specified in the notice.
§ (2) The period specified in the notice may from time to time be extended by the local authority.
§ (3) Where the local authority serves a notice on any person under this paragraph it shall inform any other person who to its knowledge is an owner, lessee or mortgagee of the house of the fact that the notice has been served.
§ 3. If it appears to the local authority that the means of escape from fire would be adequate if part of the house were not used for human habitation the local authority may secure that that part is not so used.
§ 4. The local authority may secure that part of the house is not used for human 1638 habitation and serve a notice under paragraph 2 above specifying such works only as in the opinion of the authority are required to provide the means of escape from fire which will be necessary if that part is not so used.
§ 5. For the purpose of securing that a part of the house is not used for human habitation the local authority may, if after consultation with any owner or mortgagee it thinks fit to do so, accept an undertaking from him that that part will not be used for human habitation without the permission of the local authority.
§ 6. If the local authority does not accept an undertaking under paragraph 5 above with respect to a part of the house, or if, in a case where it has accepted such an undertaking, that part of the house is at any time used in contravention of the undertaking, the local authority may make a closing order with respect to that part of the house.
§ Enforcement
§ 7. Any person who, knowing that an undertaking has been accepted under paragraph 5 above, uses the part of the house to which the undertaking relates in contravention of the undertaking, or permits that part of the house to be so used, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 and to a further fine of £5 for every day, or part of a day, on which he so uses it or permits it to be so used after conviction.
§ Consultation with fire authority
§ 8. A local authority shall, before serving a notice, accepting an undertaking or making a closing order under this Schedule, consult with the fire authority concerned.
§ Exclusion of Rent Act protection
§ 9. Nothing in the 1977 Act shall prevent possession being obtained of any part of a house which, in accordance with any undertaking in pursuance of this Schedule, cannot for the time being be used for human habitation.
§ Interpretation
§ 10. In this Schedule expressions defined in the 1957 Act have the same meanings as in that Act.
§ Application and amendment of
enactments
§ 11. Part II of the 1957 Act shall apply to a closing order made under this Schedule as it applies to a closing order under section 18(1) of that Act, but the ground on which, under section 27(2) of that Act, the local authority is required to determine the order shall be that it is satisfied that the means of escape from fire with which the house is provided is adequate (owing to a change of circumstances) and will remain adequate if the part of the house with respect to which the order was made is again used for human habitation.
§ 12. In section 17(1) of the Housing Act 1961 for the words "either of the two last foregoing sections" there are substituted the words "section 15 of this Act or 1639 Schedule B to the Housing Act 1980"and for the words from "in the case of a notice" to "that section" there are substituted the words "in the case of a notice under that Schedule, that the notice, is not justified by the terms of that Schedule".
§ 13. In section 18(1) of the Housing Act 1961 for the words "section fourteen, section fifteen or section sixteen of this Act" there are substituted the words "section 14 or 15 of this Act or Schedule B to the Housing Act 1980".
§ 14. In section 61 of the 1969 Act for the words "section 14, 15 or 16 of the Housing Act 1961"there are substituted the words "section 14 or 15 of the Housing Act 1961 or Schedule B to the Housing Act 1980".
§ 15. In section 29(7) of the Land Compensation Act 1973 for the words "section 60 of the Housing Act 1969 "there are substituted the words "Schedule B to the Housing Act 1980"and for the words "section 60(2) of the said Act of 1969" the words "paragraph 5 of the said Schedule B.".")
§ The Commons agreed to the above amendment and proposed the following amendment thereto:
§ 13 Leave out paragraphs 12 to 14 and insert—
§ ("12. Any reference in the provisions relating to houses in multiple occupation (that is to say Part II of the Housing Act 1961, Part IV of the Housing Act 1964 and Part IV of the 1969 Act) to section 16 or Part II of the Housing Act 1961 shall be construed as a reference to this Schedule; but the functions of a local authority under this Schedule shall not be among those referred to in section 70 of the 1969 Act (review of housing conditions by local authorities).")
§ Lord BELLWINMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 13 to the Lords' Amendment No. 12.
My Lords, you will notice that the new schedule that appears on the Order Paper as Amendment 12 is in fact something that your Lordships agreed at Report stage in this House; what is now for discussion is Amendment No. 13, which is a Commons amendment to that schedule. This is a simplifying and tidying amendment which seeks to ensure that, for the purposes of local authorities' various supplementary powers regarding the service of notices, appeal procedures, enforcement, and so on, the new schedule may be read as an integral part of the main body of HMO legislation in the Acts of 1961, 1964 and 1969. I beg to move.
§ Moved, That this House doth agree with the Commons in their Amendment No. 13 1640 to the Lords' Amendment No. 12.—(Lord Bellwin.)
§ Lord HYLTONMy Lords, I think I should say on behalf of my noble friend Lady Vickers and the right reverend Prelate the Bishop of London that we have made some progress in this matter of hostels and houses in multiple occupation. I should like to ask my noble friend the Minister why we have to have the last sentence in Amendment No. 13, which reads:
but the functions of a local authority under this Schedule shall not be among those [that come under] section 70 of the 1969 Act".It seems very odd, because that section is a comprehensive section laying a duty on local authorities to inspect the housing conditions in their districts and to make appropriate plans.I should have thought that the question of hostels and houses in multiple occupation was very much part of their functions and something where great human suffering can arise and occur. It seems to me strange that this should be taken out. I should like to ask the Minister why this is.
§ Lord BELLWINMy Lords, my noble friend Lady Vickers raised this point at the Third Reading and I explained then, and still stand by my explanation, that we should not be happy with the imposition on local authorities of a double duty. The Government have made it quite clear that we shall be giving consideration as to how my right honourable friend will exercise his order-making power under the new schedule. Any duty laid on local authorities by such an order would be additional to the duty to inspect laid by Section 70, and I therefore cannot see that the latter duty should be imposed.
Quite rightly, we spoke at some length on this before, because it is a matter of considerable concern. My noble friends Lady Vickers and Lord Hylton are right to be concerned, because this is a matter which, potentially, is fraught with many possible dangers and problems that can arise from what might happen. In saying this now, I hope that I said so with equal concern when it was raised in the earlier stages of the Bill. In the discussions we are having with local authorities through their associations on this matter, there 1641 are many aspects of this which it is simply not that easy to deal with. When you are talking about the kind of duties my noble friend suggests we impose as a duty, you are talking about something that has enormous implications. While I am not saying at the moment that that is something that does not have to take place at some time in the future—nor am I saying that it must—I am trying to make clear that one does not go into that kind of situation without the most careful consultation, discussion and consideration. That is the best answer I can give my noble friend.
§ Lord HYLTONMy Lords, I am grateful to my noble friend for what he has said, but it seems that the amendment reduces the existing duties of local authorities, and that is what we want to avoid if we possibly can.
§ On Question, Motion agreed to.