What regulations have been made under S2 Housing Act 2004? The Secretary of State is thereunder to make regulations prescribing categories of housing hazards. Where are these to be found?
Section 2 Housing Act 2004 states: Meaning of “category 1 hazard” and “category 2 hazard” (1) In this Act— “category 1 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score of or above a prescribed amount; “category 2 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score below the minimum amount prescribed for a category 1 hazard of that description; and “hazard” means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise). (2) In subsection (1)— “prescribed” means prescribed by regulations made by the appropriate national authority (see section 261(1)); and “prescribed band” means a band so prescribed for a category 1 hazard or a category 2 hazard, as the case may be. (3) Regulations under this section may, in particular, prescribe a method for calculating the seriousness of hazards which takes into account both the likelihood of the harm occurring and the severity of the harm if it were to occur. (4) In this section— “building” includes part of a building; “harm” includes temporary harm. (5) In this Act “health” includes mental health. For england-and-wales these regulations are: The Housing Health and Safety Rating System (England) Regulations 2005 The Housing Health and Safety Rating System (Wales) Regulations 2006
Where the primary part of two acts in the same year would be the same, commonly a secondary phrase is added in brackets indicating the narrow subject of the act to avoid this happening. For example, the Supply and Appropriation (Anticipation and Adjustments) Act 2016 was followed later in the year by the Supply and Appropriation (Main Estimates) Act 2016. However, where such a secondary phrase would be inappropriate, especially where the later act replaces the earlier act, the main part of the short title of the second act is appended with "(No. 2)". One such example occurred in 2009, where the Appropriation Act 2009 was replaced by the Appropriation Act (No. 2) 2009. So in your hypothetical case, the later act would likely have "Parliament Act (No. 2) 1911" as its short title. I should note though that this is governed by custom, so there is no guarantee that a particular act must follow this approach.
england-and-wales s161 Penalties for causing certain kinds of danger or annoyance, Highways Act 1980 ... (3) If a person plays at football or any other game on a highway to the annoyance of a user of the highway he is guilty of an offence and liable to a fine not exceeding [F3 level 1 on the standard scale]. ... (See also the s137 offence of wilful obstruction.) Some places may also have their own related bylaws, e.g. No person shall on any land adjoining a street play any game in a manner likely to cause obstruction to any traffic or to cause danger to any person in such a street Made under s235 of the Local Government Act 1972, for the prevention and suppression of nuisances. Traveling further back in time, the Highway Act 1835 provided for penalties on persons who &quot;play at Football or any other Game on any Part of the said Highways, to the Annoyance of any Passenger or Passengers&quot; and, in London, the Metropolitan Police Act 1839 similarly made it an offence to &quot;any Kite or play at any Game to the Annoyance of the Inhabitants or Passengers, or who shall make or use any Slide upon Ice or Snow in any Street or other Thoroughfare, to the common Danger of the Passengers.&quot; I find such a claim implausible, considering the large amount of my childhood that was spent playing in the street with no legal problems. It seems possible that the authorities turned a blind eye or your behaviour didn't come to their attention, or your street was designated as a 'play street' (introduced by the Street Playgrounds Act 1938, currently provided for by sections 29 to 31 of the Road Traffic Regulation Act 1984 as amended by the New Roads and Street Works Act 1991). Also, many alleged offenders might be younger than the criminal age of responsibility. According to TJ Miller MP (Colchester) in Hansard, speaking in 1860, in 1859 44 of London's children were sent to prison for playing games in the streets, and by April 1860 25 had been sent to prison - apparently Manchester had imprisoned none. In my youth we played in the street although we didn't put up basketball hoops, football goals or other such objects. These stories in the media seem to be rare and involve circumstances where the local authority received too many complaints, particularly when there is damage to homes, cars or flowerbeds - which may amount to criminal damage. Blackpool in 2006 Glenfield area of Leicester, 2007 Newark, Nottinghamshire, 2008 Manchester, 2010 - although this seems to be based on one complaint Hat-tip Pedestrian Liberation for the information about the older legislation and arrests of children.
The beginning of the tenancy is defined in section 45(2) of the Housing Act 1988 as: the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy. (This applies to the statutory instrument because it is made under section 21B of the 1988 Act, and definitions carry over from primary to secondary legislation in this way.) The definition probably matches what people would expect. Section 21B, and the 2015 Regulations, just say that the landlord has to give this information to their tenant. But it follows that if the tenancy has begun, then the landlord's obligation also begins. It binds from day 1. Therefore, the government is justified in saying in the booklet: The landlord, or the letting agent, should give the current version of this guide to the tenant when a new assured shorthold tenancy starts. Because of all the other paperwork involved, it's most common for the booklet to be given as part of the bundle of documents when the tenancy agreement is signed - so, along with the inventory and so on. This is typically not too distant in time from when the tenant is entitled to actually move in, and landlords will often only sign on the day itself even if the tenant has completed their part of the formalities earlier. Perhaps your doubt is about whether it is &quot;OK&quot; for the landlord to provide the booklet before the actual start date of the tenancy, as opposed to waiting until the tenancy is in effect. In the same way, we could imagine a prospective tenant wanting to see the energy performance certificate well before agreeing to sign anything. Does the landlord have to give them another copy on day 1 of the tenancy, even though it's the same as the copy they already have? In fact, there are specific different rules for those other items of information. The most recent gas safety certificate must normally be given &quot;to any new tenant of premises ... before that tenant occupies those premises&quot; (SI 1998/2451 reg.36(6)(b)) The EPC must be given to any prospective tenant at the earliest opportunity, and in any event must have been given to &quot;the person who ultimately becomes the buyer or tenant&quot; (SI 2012/3118 reg.6, and compare the definition of &quot;prospective tenant&quot; in regulation 3). The EICR must similarly be given to new and prospective tenants before they occupy the premises (SI 2022/312 reg.3(e)). So these are meant to be given before the tenancy begins. They are part of what the prospective tenant should know before deciding whether to sign the agreement. The government's model tenancy agreement has checklists for landlord and tenant in relation to these documents, plus the &quot;How to rent&quot; booklet. That is consistent with the idea that the tenant is meant to have this information on the day that the tenancy is to begin, whether that's because they're just being given it now, or because they've already seen it. Armed with all the knowledge, they can now proceed to signing the agreement. Indeed, the content of the &quot;How to rent&quot; booklet makes it less useful if it's provided after the agreement has started. A lot of the material is about searching for a property, making sure that you are prepared to sign, and avoiding bad behaviour by potential landlords. Even though it would meet the letter of the law to only get this information after signing (but still on the day), it also meets letter and spirit to get it on the day, before signing. Or if you had it even earlier, it would be a bold argument to say that the landlord hadn't given you the information just because they emailed it to you a week before the tenancy actually began - especially if you have checked the appropriate little box on the tenancy agreement to say you received it. Nonetheless, because the only practical consequence for landlords is their ability to serve a s.21 notice, it's also common for them to play it safe and send another copy of the booklet before sending the notice itself. They will also often send updated copies as they arise, even though the regulation doesn't require it; some insurers ask for this just to really cement the chance of making a proper s.21 notice. I'm not aware of judicial precedent on early delivery of the booklet, but we can get some guidance from a recent Court of Appeal decision on s.21A, Trecarrell House v Rouncefield [2020] EWCA Civ 760. This case examined the nature of breaches and remedies that prevent serving an eviction notice. The conclusion was that if the tenant received a gas safety certificate &quot;before or with&quot; the s.21 notice, then the landlord has fulfilled their obligation - they are not irreparably in breach just becuse they did not give that information at the beginning. What matters for the Housing Act is that the tenant received it by the time that it was needed for the s.21 process. Likewise, it would seem that if the tenant had the &quot;How to rent&quot; booklet from the landlord before the beginning of their tenancy, then the landlord is not in breach - because the tenant has the information the whole time even though the act of giving the booklet predated the tenancy itself.
Yes, barring any statutory prohibitions against such a rule. I would be very surprised if any existed. They don't exist in any jurisdiction I'm familiar with. Look up the local by-laws to be sure.
I take that to mean that section 14 alone should not be construed to give a department the power to sue under sub section (1), nor the ability to be sued under sub section (2). Rather, if some other law, or some other section of that law confers such a power or ability, section 14 indicates how the power should be used, that is, gives the proper procedure. But if no such other law is in effect, section 14 alone won't do. If the law has simply said: civil proceedings under this Act by the Crown may be instituted by (a) the appropriate government department in its own That might have been construed to grant such powers to every "appropriate " department, which apparently was not desired.
The Act requires that After the installation of a solar collector, a person owning or in control of another property shall not allow a tree or shrub to be placed or, if placed, to grow on that property so as to cast a shadow greater than 10 percent of the collector absorption area upon that solar collector surface at any one time between the hours of 10 a.m. and 2 p.m., local standard time. The subsequent paragraph pertains to notice that can be given to property owners, and ultimately the tree would be deemable to be a public nuisance and subject to removal. However (25984): This chapter does not apply to any of the following: (a) A tree or shrub planted prior to the installation of a solar collector. (b) A tree planted, grown, or harvested on timberland as defined in Section 4526 or on land devoted to the production of commercial agricultural crops. (c) The replacement of a tree or shrub that had been growing prior to the installation of a solar collector and that, subsequent to the installation of the solar collector, dies, or is removed for the protection of public health, safety, or the environment. (d) A tree or shrub that is subject to a city or county ordinance. In other words, if you place a collector where an existing plant can eventually cause shade on the collector (it can be a short tree), you have no remedy. This follows the doctrine of coming to the nuisance.
The Radiocommunications Agency (now OFCOM) issued some guidance about this in 2001. The specific offence is defined by s5 Wireless Telegraphy Act 1949: Any person who ... uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient ... shall be guilty of an offence under this Act. It's also an offence under s5(1)(b)(ii) to disclose the contents of any such message, so the reception and disclosure of radio messages not sent by or addressed to you are both offences. I don't know if there have been any successful prosecutions specifically for monitoring aircraft communications. I doubt whether a hobbyist listening for his own enjoyment would attract the attention of the authorities, but if he started to publish recordings of the traffic then that might well do it.