Part of Home Energy Conservation Bill – in a Public Bill Committee at 12:15 pm on 26th February 2002.
With this we may discuss the following: Amendment No. 52, in page 3, line 14, leave out from 'house'' to end of line 25 and insert
'where its occupancy is or would be subject to more than one tenancy agreement whether written or verbal'.
Amendment No. 53, in page 3, line 37, at end add—
'(e) a building which has been converted into self-contained flats in accordance with Building Regulations;
(f) service tenancy agreements.'.
Clause stand part.
Government new clause 7—Meaning of ''house in multiple occupation''—
'(1) Section 345 of the Housing Act 1985 (meaning of ''multiple occupation'') is amended as follows.
(2) In subsection (2)(b), for ''by a single household'' there is substituted ''as a separate dwelling.
(3) After subsection (2) there is inserted—
''(3) The Secretary of State may make regulations prescribing—
(a) circumstances in which a person is, or is not, to be regarded as occupying a house, or
(b) circumstances in which persons occupying a house are, or are not, to be regarded as forming a single household.
(4) Regulations under paragraph (b) of subsection (3) may (without prejudice to the generality of that paragraph) secure that persons occupying a house are regarded as forming a single
household only where there is a prescribed relationship between each member of the group and any one or more of the others (as the regulations may require).
(5) In subsection (4) ''prescribed relationship'' means any family or other relationship of a description specified in the regulations.
''(6) The Secretary of State may also make regulations prescribing descriptions of houses which (whether or not otherwise falling within the definition in subsection (1)) are not to be regarded as houses in multiple occupation within the meaning of this Part.
(7) Regulations under subsection (6) may frame a description of house by reference to any features of the house (including the nature of its use or occupation).
(8) Regulations under this section—
(a) may make different provision for different circumstances;
(b) may make incidental, supplementary and transitional provision; and
(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.''.'.
And the following amendments thereto:
(a), after proposed new subsection (3)(b) of section 345 of the Housing Act 1985 insert
'(3A) Regulations made under subsection (2) shall include in any definition of ''house in multiple occupation'' a house occupancy of which is or would be subject to more than one tenancy agreement whether written or verbal.'.
(b), in proposed new subsection (6) of section 345 of the Housing Act 1985, leave out from second 'of' to end and insert
'buildings which are, or are not, to be regarded as houses'.
(c), in proposed new subsection (7) of section 345 of the Housing Act 1985, leave out from first 'of' to '(including' and insert
'building by reference to any features of the building'.
Amendment No. 43, in title, before 'make' insert
'to amend the definition of house in multiple occupation in Part 11 of the Housing Act 1985;'.