The Houses in Multiple Occupation (Fees for Registration Schemes) (Amendment) Order 1998

Statutory Instruments

1998 No. 1813

HOUSING, ENGLAND AND WALES

The Houses in Multiple Occupation (Fees for Registration Schemes) (Amendment) Order 1998

Made

23rd July 1998

Laid before Parliament

30th July 1998

Coming into force

20th August 1998

The Secretary of State for the Environment, Transport and the Regions, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 346A(5) and (6) of the Housing Act 1985(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Houses in Multiple Occupation (Fees for Registration Schemes) (Amendment) Order 1998 and shall come into force on 20th August 1998.

Amendment of the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997

2.—(1) The Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997(2) is amended as follows.

(2) After article 2, insert—

“Cases where no fee is payable

2A.   Where a person making an application for the first registration, or for the renewal of the registration, of a house has been required to pay a charge by the local housing authority in accordance with the Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998(3) and has paid that charge, no fee shall be payable on registration of the house in consequence of that application.”.

(3) For article 3, substitute—

“Cases where a charge or fee has already been paid

3.   Where—

• (a)

  a house in multiple occupation has been or is registered under a scheme and a new registration scheme is made which applies to that house, and

  (b)

  in the five year period prior to the date the new scheme comes into force, a charge has been paid to the local housing authority on the application for the first registration or for the renewal of it, or a fee has been paid to the local housing authority on its registration under a previous scheme in accordance with this Order,

the maximum fee payable shall be the actual fee that would be payable for first registration of that house, less the aggregate of the charges and fees so paid.”.

Signed by authority of the Secretary of State for the Environment Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment Transport and the Regions

22nd July 1998

Signed by authority of the Secretary of State for Wales

Winn Griffiths

Parliamentary Under Secretary of State, Welsh Office

23rd July 1998

Explanatory Note

(This note is not part of the Order)

This Order amends the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997. Article 2 of the 1997 Order specifies the maximum permissible fee that may be charged by a local housing authority under section 346A(4) of the Housing Act 1985 for first registration of a house in multiple occupation under a registration scheme.

The Order inserts article 2A into the 1997 Order, which provides that where a charge has been paid when an application for first registration or renewal of registration was made, no fee shall be payable on registration of the house in consequence of that application.

The Order also substitutes a new article 3. This provides that where a charge or fee has already been paid in the five year period prior to the date a new registration scheme is made which applies to the house the maximum fee payable shall be reduced to take account of the charges or fees already paid.

(1)

1985 c. 68; section 346A was inserted by section 65 of the Housing Act 1996 (c. 52).

(2)

S.I. 1997/229.

(3)

1998/1812.