60ARights of audience etc of employees of housing management bodies

1

An employee of a housing management body who is authorised by that body for the purposes of this section has—

a

a right of audience in relation to any proceedings to which this section applies, and

b

a right to conduct litigation in relation to any such proceedings.

2

This section applies to relevant housing proceedings in a county court before a district judge which are brought—

a

in the name of a local housing authority, and

b

by the housing management body in the exercise of functions of that local housing authority delegated to that body under a housing management agreement.

3

“Relevant housing proceedings” are—

a

proceedings under section 82A of the Housing Act 1985 (demotion because of anti-social behaviour);

b

proceedings for possession of a dwelling-house subject to a secure tenancy, where possession is sought on ground 2 in Part 1 of Schedule 2 to that Act (anti-social behaviour);

c

proceedings for possession of a dwelling-house subject to a demoted tenancy;

d

proceedings for a suspension order under section 121A of the Housing Act 1985 (suspension of right to buy);

e

proceedings under section 153A, 153B or 153D of the Housing Act 1996 (injunctions against anti-social behaviour);

f

proceedings for the attachment of a power of arrest to an injunction by virtue of section 91(2) of the Anti-social Behaviour Act 2003 or section 27(2) of the Police and Justice Act 2006 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction);

g

at a hearing at which a decision is made in relation to proceedings within paragraphs (a) to (f), proceedings for permission to appeal against that decision;

h

such other proceedings as the Lord Chancellor may prescribe by order.

4

An authorisation for the purposes of this section must be in writing.

5

The power to make an order under subsection (3)(h) is exercisable by statutory instrument subject to annulment by resolution of either House of Parliament.

6

In subsection (3)(e) the reference to section 153A of the Housing Act 1996 is a reference to that section—

a

as inserted by section 13 of the Anti-social Behaviour Act 2003, or

b

as substituted by section 26 of the Police and Justice Act 2006.

7

In this section—

• “dwelling-house” has the same meaning as in Part 4 of the Housing Act 1985;

• “housing management agreement” means an agreement under section 27 of the Housing Act 1985 (including an agreement to which section 27B(2) or (3) of that Act applies);

• “housing management body” means a person who exercises management functions of a local housing authority by virtue of a housing management agreement;

• “local housing authority” has the same meaning as in section 27 of the Housing Act 1985;

• “right of audience” means the right to appear before and address a court, including the right to call and examine witnesses;

• “right to conduct litigation” means the right—

  1. a

     to issue proceedings before any court in England and Wales,

  2. b

     to commence, prosecute and defend such proceedings, and

  3. c

     to perform any ancillary functions in relation to such proceedings (such as entering appearances to actions);

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.