The Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1991

Statutory Instruments

1991 No. 982

LOCAL GOVERNMENT, ENGLAND AND WALES

HOUSING, ENGLAND AND WALES

The Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1991

Approved by both Houses of Parliament

Made

9th April 1991

Coming into force

30th April 1991

The Secretary of State for the Environment as respects England, andthe Secretary of State for Wales as respects Wales, in exercise of thepowers conferred on them by sections 150 and 152(5) of the LocalGovernment and Housing Act 1989(1), and of all other powers enabling them in that behalf,after consultation with such representatives of local government asappear to them to be appropriate, hereby make the following Regulations,a draft of which has been laid before, and has been approved byresolution of, each House of Parliament:—

Citation and commencement

1.  These Regulations may be cited as the Houses in Multiple Occupation(Charges for Registration Schemes) Regulations 1991 and shall come intoforce on the twenty-first day after the day on which they are made.

Interpretation and application

2.—(1) In these Regulations—

• “the Act” means the Housing Act 1985(2);

• “control provisions”,“local housing authority” and“registration scheme” have the same meanings as in Part XI of the Act;

• “house” means a house in multiple occupation within the meaning of thatPart or, as the circumstances of the case require, a building or part ofa building intended to be used as such a house.

(2) These Regulations do not apply as regards houses—

(a) in respect of which registration is required under theRegistered Homes Act 1984(3); or

(b) which are owned or managed by a registered housing association,within the meaning of the Housing Associations Act 1985(4).

Power to charge in respect of registration schemes for houses inmultiple occupation

3.—(1) A local housing authority may impose a charge in respect of theirdealing with—

(a) a notification regarding a house as mentioned in section346(3)(b) and (c) of the Act in pursuance of a registration scheme, or

(b) an application for the registration, or the variation of theregistration, of a house in pursuance of control provisions contained insuch a scheme.

(2) A charge imposed under these Regulations is payable by the personmaking the notification or applying for the registration (or thevariation of the registration), as the case may be.

Amount of charge

4.—(1) Subject to paragraph (2), the amount of a charge is to be at thelocal housing authority’s discretion, and in determining that amount theauthority may have regard to, and include an element for, their costs ofestablishing the registration scheme and maintaining the registerconcerned, insofar as such costs are incurred on or after the day theseRegulations come into force.

(2) The amount of a charge is subject to a maximum amountof—

(a) in the case of a notification, £40, and

(b) in the case of an application, £30 multiplied by thenumber of rooms in the house available as sleeping accommodation;

and, for the purpose of sub-paragraph (b), a room is available assleeping accommodation if it is of a type normally used in the localityeither as a living room or a bedroom.

Michael Heseltine

Secretary of State for the Environment

9th April 1991

David Hunt

Secretary of State for Wales

9th April 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable local housing authorities to make chargesfor dealing with—

(a) notifications, made in accordance with a registration schemefor houses in multiple occupation, that a house is registrable and as toother particulars required by the scheme, and

(b) applications for registration (or the variation of registration) ofa house under such a scheme where the scheme contains control provisionspreventing multiple occupation without registration.

The amount which may be charged is at the discretion of theauthority, subject to a maximum of—

(a) in the case of such a notification, £40, or

(b) in the case of such an application, £30 multiplied by thenumber of rooms in the house available as sleeping accommodation.

(1)

1989 c. 42.

(2)

1985 c. 68; relevant amendments are made to this Act byparagraphs 45 to 48 of Schedule 9 to the Local Government and HousingAct 1989.

(3)

1984 c. 23.

(4)

1985 c. 69.