Housing Act 1996

65 Making and approval of registration schemes. E+W

(1) In Part XI of the M1 Housing Act 1985 (houses in multiple occupation), for section 346 (registration schemes) substitute—

“346 Registration schemes.

(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.

346A Contents of registration scheme.

(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.

346B Model schemes and confirmation of schemes.

(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 M2 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 ”.

Annotations:

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Commencement Information

I1 S. 65 wholly in force 3.3.1997: s. 65 not in force at Royal Assent, see s. 232(1)-(3); s. 65 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already in force, by S.I. 1997/350, art. 2

Marginal Citations

M1 1985 c. 68.

M2 1985 c. 68.