Amendments proposed to the Housing Bill - continued House of Commons

back to previous text
Emergency remedial action

   

Mr Keith Hill

NC4

To move the following Clause:—

    '(1)   If—

      (a) the local housing authority are satisfied that a Category 1 hazard exists on any residential premises, and

      (b) they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

      (c) no interim or final management order is in force under Part 4 in relation to the premises mentioned in paragraph (a),

    the taking by the authority of emergency remedial action under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

    (2)   "Emergency remedial action" means such remedial action in respect of the hazard concerned as the authority consider immediately necessary in order to remove the imminent risk of serious harm within subsection (1)(b).

    (3)   Emergency remedial action under this section may be taken by the authority in relation to any premises in relation to which remedial action could be required to be taken by an improvement notice under section 9 (see subsections (3) and (4) of that section).

    (4)   Emergency remedial action under this section may be taken by the authority in respect of more than one category 1 hazard on the same premises or in the same building containing one or more flats.

    (5)   Paragraphs 3 to 5 of Schedule 3 (improvement notices: enforcement action by local authorities) apply in connection with the taking of emergency remedial action under this section as they apply in connection with the taking of the remedial action required by an improvement notice which has become operative but has not been complied with.

    But those paragraphs so apply with the modifications set out in subsection (6).

    (6)   The modifications are as follows—

      (a) the right of entry conferred by paragraph 3(3A) may be exercised at any time; and

      (b) the notice required by paragraph 4 (notice before entering premises) must (instead of being served in accordance with that paragraph) be served on every person, who to the authority's knowledge—

      (i) is an occupier of the premises in relation to which the authority propose to take emergency remedial action, or

      (ii) if those premises are common parts of a building containing one or more flats, is an occupier of any part of the building; but

      (c) that notice is to be regarded as so served if a copy of it is fixed to some conspicuous part of the premises or building.

    (7)   Within the period of seven days beginning with the date when the authority start taking emergency remedial action, the authority must serve—

      (a) a notice under section (Notice of emergency remedial action), and

      (b) copies of such a notice,

    on the persons on whom the authority would be required under Part 1 of Schedule 1 to serve an improvement notice and copies of it.

    (8)   Section 178 (warrant to authorise entry) applies for the purpose of enabling a local housing authority to enter any premises to take emergency remedial action under this section in relation to the premises, as if—

      (a) that purpose were mentioned in subsection (2) of that section, and

      (b) the circumstances as to which the justice of the peace must be satisfied under subsection (4) were that there are reasonable grounds for believing that the authority will not be able to gain admission to the premises without a warrant.

    (9)   For the purposes of the operation of any provision relating to improvement notices as it applies by virtue of this section in connection with emergency remedial action or a notice under section (Notice of emergency remedial action), any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section (Notice of emergency remedial action)(2)(c), as those in relation to which emergency remedial action has been (or is to be) taken.'.


Notice of emergency remedial action

   

Mr Keith Hill

NC5

To move the following Clause:—

    '(1)   The notice required by section (Emergency remedial action)(7)) is a notice which complies with the following requirements of this section.

    (2)   The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—

      (a) the nature of the hazard and the residential premises on which it exists,

      (b) the deficiency giving rise to the hazard,

      (c) the premises in relation to which emergency remedial action has been (or is to be) taken by the authority under section (Emergency remedial action) and the nature of that remedial action,

      (d) the power under which that remedial action has been (or is to be) taken by the authority, and

      (e) the date when that remedial action was (or is to be) started.

    (3)   The notice must contain information about—

      (a) the right to appeal under section (Appeals against emergency measures) against the decision of the authority to make the order, and

      (b) the period within which an appeal may be made.'.


Recovery of expenses of taking emergency remedial action

   

Mr Keith Hill

NC6

To move the following Clause:—

    '(1)   This section relates to the recovery by a local housing authority of expenses reasonably incurred in taking emergency remedial action under section (Emergency remedial action) ("emergency expenses").

    (2)   Paragraphs 6 to 14 of Schedule 3 (improvement notices: enforcement action by local authorities) apply for the purpose of enabling a local housing authority to recover emergency expenses as they apply for the purpose of enabling such an authority to recover expenses incurred in taking remedial action under paragraph 3 of that Schedule.

    But those paragraphs so apply with the modifications set out in subsection (3).

    (3)   The modifications are as follows—

      (a) any reference to the improvement notice is to be read as a reference to the notice under section (Notice of emergency remedial action); and

      (b) no amount is recoverable in respect of any emergency expenses until such time (if any) as is the operative time for the purposes of this subsection (see subsection (4)).

    (4)   This subsection gives the meaning of "the operative time" for the purposes of subsection (3)—

      (a) if no appeal against the authority's decision to take the emergency remedial action is made under section (Appeals against emergency measures) before the end of the period of 28 days mentioned in subsection (3)(a) of that section, "the operative time" is the end of that period;

      (b) if an appeal is made under that section within that period and a decision is given on the appeal which confirms the authority's decision, "the operative time" is as follows—

      (i) if the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, "the operative time" is the end of that period;

      (ii) if an appeal to the Lands Tribunal is brought, "the operative time" is the time when a decision is given on the appeal which confirms the authority's decision.

    (5)   For the purposes of subsection (4)—

      (a) the withdrawal of an appeal has the same effect as a decision which confirms the authority's decision, and

      (b) references to a decision which confirms the authority's decision are to a decision which confirms it with or without variation.'.


Emergency prohibition orders

   

Mr Keith Hill

NC7

To move the following Clause:—

    '(1)   If—

      (a) the local housing authority are satisfied that a Category 1 hazard exists on any residential premises, and

      (b) they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

      (c) no interim or final management order is in force under Part 4 in relation to the premises mentioned in paragraph (a),

    making an emergency prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

    (2)   An emergency prohibition order under this section is an order imposing, with immediate effect, such prohibition or prohibitions on the use of any premises as are specified in the order in accordance with subsection (3) and section Contents of emergency prohibition orders.

    (3)   As regards the imposition of any such prohibition or prohibitions, the following provisions apply to an emergency prohibition order as they apply to a prohibition order under section 18—

      (a) subsections (3) to (5) of that section, and

      (b) subsections (3) to (5) and (7) to (9) of section 20.

    (4)   Part 1 of Schedule 2 (service of copies of prohibition orders) applies in relation to an emergency prohibition order as it applies to a prohibition order, but any requirement to serve copies within a specified period of seven days is to be read as a reference to serve them on the day on which the emergency prohibition order is made (or, if that is not possible, as soon after that day as is possible).

    (5)   The following provisions also apply to an emergency prohibition order as they apply to a prohibition order (or to a prohibition order which has become operative, as the case may be)—

      (a) section 23 (revocation and variation);

      (b) sections 30 to 34 (enforcement);

      (c) sections 35 to 37 (supplementary provisions); and

      (d) Part 2 of Schedule 2 (notices relating to revocation or variation);

      (e) Part 3 of that Schedule (appeals) so far as it relates to any decision to vary, or to refuse to revoke or vary, a prohibition order; and

      (f) sections 584A and 584B of the Housing Act 1985 (c.68) (payment, and repayment, of compensation).

    (6)   For the purposes of the operation of any provision relating to prohibition orders as it applies in connection with emergency prohibition orders by virtue of this section or section (Appeals relating to emergency measures), any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section Contents of emergency prohibition orders(2)(c), as the premises in relation to which prohibitions are imposed by the order.'.



 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2004
Prepared 20 Jan 2004