3.—(1) For the purposes of section 44(1)(b) of the 1982 Act, giving permission for a house to be occupied is hereby designated as an activity for which a licence under this Order shall be required.
(2) For the purposes of paragraph (1) above, a person giving permission permits a house to be occupied if, and only if–
(a)that person is the owner of that house; and
(b)that person knowingly gives permission for that house to be occupied; and
(c)that house is a house in multiple occupation.
(3) Where a house is owned by more than one person, it shall be a defence for an owner charged with an offence under section 7(1) of the 1982 Act to show that another person who has a heritable right of ownership in that house holds a licence required by virtue of paragraph (1) above.
(4) Paragraph (1) above is subject to articles 6, 7 and 8 below.