Statutory Instrument 1998 No. 1812

The Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 1812

LOCAL GOVERNMENT, ENGLAND AND WALES
HOUSING, ENGLAND AND WALES

The Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998

	Made	23rd 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 sections 150 and 152(5) of the Local Government and Housing Act 1989[1] and of all other powers enabling them in that behalf, after consultation with such representatives of local government as appear to them to be appropriate, hereby make the following Regulations, a draft of which has been laid before, and has been approved by resolution 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 1998 and shall come into force on the twenty eighth 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[3];

"house" means a house in multiple occupation within the meaning of that Part or, as the circumstances of the case require, a building or part of a building intended to be used as such a house.

    (2) These Regulations apply to registration schemes containing control provisions made under Part XI of the Act as amended by the Housing Act 1996.

Power to charge in respect of registration schemes for houses in multiple occupation containing control provisions
    3. - (1) A local housing authority may impose a charge in respect of their dealing with an application for the first registration, or the renewal of the registration, of a house in pursuance of control provisions contained in a registration scheme.

    (2) A charge imposed under these Regulations is payable by the person making an application for the first registration, or the renewal of the registration, of the house, at the time of the making of the application.

Amount of charge
    4. - (1) The amount of a charge on the application for the first registration of a house is to be at the local housing authority's discretion, subject to a maximum amount of �60 multiplied by the number of habitable rooms, and for the purposes of this paragraph a room is habitable if it is of a type normally used in the locality as a living room or a bedroom.

    (2) The amount of a charge on an application for the renewal of the registration of a house is half the charge that would then have been payable on an application for the first registration of that house.

    (3) Where -

Revocation and Saving
5. - (1) Subject to paragraph (2), the Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1991[5] are hereby revoked.

(2) Those Regulations shall remain in force in relation to registration schemes made under Part XI of the Act prior to its amendment by the Housing Act 1996.

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

Parliamentary Under Secretary of State, Welsh Office

Win Griffiths

23rd July 1998

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enable local housing authorities to make charges for dealing with applications for first registration of houses in multiple occupation and applications for renewal of registrations where a registration scheme made under Part XI of the Housing Act 1985 as amended by the Housing Act 1996 contains control provisions preventing multiple occupation without registration.

The amount which may be charged is at the discretion of the authority subject to a maximum of �60 multiplied by the number of rooms of a type normally used in the locality as a living room or a bedroom. The charge which may be made on renewal is half the charge that would then have been payable on an application for first registration of the house.

Where a house which is required to be registered under a new registration scheme was registered under a previous registration scheme, any charge paid under the Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1991 or under these Regulations or a fee paid under the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997 in the five year period prior to the date the new scheme comes into force shall be deducted from the amount otherwise payable.

The Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1991 are revoked with savings for registration schemes made under Part XI of the Housing Act 1985 prior to its amendment by the Housing Act 1996. Section 70(4) of that Act provides that these registration schemes shall cease to have effect at the end of two years after the amendments came into force, that is on 3rd March 1999.

Notes:

[1] 1989 c.42. Section 152(5) is cited because of the meaning assigned to the word "prescribed".back

[2] 1985 c.68: relevant amendments are made to this Act by paragraphs 45 to 48 of Schedule 9 to the Local Government and Housing Act 1989, and sections 65 to 80 of the Housing Act 1996 (c.52).back

[3] For the index of defined expressions, see section 400.back

[4] 1997/229.back

[5] 1991/982.back

ISBN 0 11 079345 5

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