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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.'.
Contents of emergency prohibition orders
Mr Keith Hill
NC8
To move the following Clause:—
'(1) An emergency prohibition order under section (Emergency prohibition orders) must comply with the following requirements of this section.
(2) The order must specify, in relation to the hazard (or each of the hazards) to which it relates—
| (a) | the nature of the hazard concerned and the residential premises on which it exists, |
| (b) | the deficiency giving rise to the hazard, |
| (c) | the premises in relation to which prohibitions are imposed by the order (see subsections (3) and (4) of section 20 as applied by section (Emergency prohibition orders)(3)), and |
| (d) | any remedial action which the authority consider would, if taken in relation to the hazard, result in their revoking the order under section 23 (as applied by section (Emergency prohibition orders)(5)). |
(3) The order must contain information about—
| (a) | the right to appeal under section (Appeals against emergency measures) against the order, and |
| (b) | the period within which an appeal may be made, |
and specify the date on which the order is made.'.
Appeals relating to emergency measures.
Mr Keith Hill
NC9
To move the following Clause:—
'(1) A person on whom a notice under section (Notice of emergency remedial action) has been served in connection with the taking of emergency remedial action under section (Emergency remedial action) may appeal to a residential property tribunal against the decision of the local housing authority to take that action.
(2) A relevant person may appeal to a residential property tribunal against an emergency prohibition order.
(3) An appeal under subsection (1) or (2) must be made within the period of 28 days beginning with—
| (a) | the date specified in the notice under section (Notice of emergency remedial action) as the date when the emergency remedial action was (or was to be) started, or |
| (b) | the date specified in the emergency prohibition order as the date on which the order was made, |
(4) A residential property tribunal may allow an appeal to be made to it after the end of that period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).
(5) An appeal under subsection (1) or (2)—
| (a) | is to be by way of a re-hearing, but |
| (b) | may be determined having regard to matters of which the authority were unaware. |
(6) The tribunal may—
| (a) | in the case of an appeal under subsection (1), confirm, reverse or vary the decision of the authority; |
| (b) | in the case of an appeal under subsection (2), confirm or vary the emergency prohibition order or make an order revoking it as from a date specified in that order. |
(7) Paragraph 16 of Schedule 2 applies for the purpose of identifying who is a relevant person for the purposes of subsection (2) in relation to an emergency prohibition order as it applies for the purpose of identifying who is a relevant person for the purposes of Part 3 of that Schedule in relation to a prohibition order.'.
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