Housing Bill

House of Commons

Session 2003 - 04
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Housing Bill

Housing Bill
Part 1 — Housing conditions
Chapter 3 — Emergency measures
26

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Notice of emergency remedial action
(1)
The notice required by section 39(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—
5
(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 39 and the nature of
that remedial action,
10
(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 44 against the decision of the authority
15
to make the order, and
(b)
the period within which an appeal may be made.
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Recovery of expenses of taking emergency remedial action
(1)
This section relates to the recovery by a local housing authority of expenses
reasonably incurred in taking emergency remedial action under section 39
20
(“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
25
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 40; and
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(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)—
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(a)
if no appeal against the authority’s decision to take the emergency
remedial action is made under section 44 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
40
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;
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Housing Bill
Part 1 — Housing conditions
Chapter 3 — Emergency measures
27

(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
5
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
42
Emergency prohibition orders
10
(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
15
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
20
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 43.
25
(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 19—
(a)
subsections (3) to (5) of that section, and
(b)
subsections (3) to (5) and (7) to (9) of section 21.
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(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
35
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 24 (revocation and variation);
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(b)
sections 31 to 35 (enforcement);
(c)
sections 36 to 38 (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
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Housing Bill
Part 1 — Housing conditions
Chapter 3 — Emergency measures
28

(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 44, any reference in that provision to the specified
5
premises is to be read as a reference to the premises specified, in accordance
with section 43(2)(c), as the premises in relation to which prohibitions are
imposed by the order.
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Contents of emergency prohibition orders
(1)
An emergency prohibition order under section 42 must comply with the
10
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,
15
(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 21 as applied by section 42(3)),
and
(d)
any remedial action which the authority consider would, if taken in
20
relation to the hazard, result in their revoking the order under section
24 (as applied by section 42(5)).
(3)
The order must contain information about—
(a)
the right to appeal under section 44 against the order, and
(b)
the period within which an appeal may be made,
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and specify the date on which the order is made.
Appeals
44
Appeals relating to emergency measures
(1)
A person on whom a notice under section 40 has been served in connection
with the taking of emergency remedial action under section 39 may appeal to
30
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
35
days beginning with—
(a)
the date specified in the notice under section 40 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,
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as the case may be.
(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

Housing Bill
Part 1 — Housing conditions
Chapter 4 — Demolition orders and slum clearance declarations
29

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
5
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
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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
15
person for the purposes of Part 3 of that Schedule in relation to a prohibition
order.
Chapter 4
Demolition orders and slum clearance declarations
Demolition orders
20
45
Demolition orders
For section 265 of the Housing Act 1985 (c. 68) substitute—
“265
Demolition orders
(1)
If—
(a)
the local housing authority are satisfied that a category 1 hazard
25
exists in a dwelling or HMO which is not a flat, and
(b)
this subsection is not disapplied by subsection (5),

making a demolition order in respect of the dwelling or HMO is a
course of action available to the authority in relation to the hazard for
the purposes of section 5 of the Housing Act 2004 (category 1 hazards:
30
general duty to take enforcement action).
(2)
If, in the case of any building containing one or more flats—
(a)
the local housing authority are satisfied that a category 1 hazard
exists in one or more of the flats contained in the building or in
any common parts of the building, and
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(b)
this subsection is not disapplied by subsection (5),

making a demolition order in respect of the building is a course of
action available to the authority in relation to the hazard for the
purposes of section 5 of the Housing Act 2004.
(3)
The local housing authority may make a demolition order in respect of
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a dwelling or HMO which is not a flat if—

Housing Bill
Part 1 — Housing conditions
Chapter 4 — Demolition orders and slum clearance declarations
30

(a)
they are satisfied that a category 2 hazard exists in the dwelling
or HMO,
(b)
this subsection is not disapplied by subsection (5), and
(c)
the circumstances of the case are circumstances specified or
described in an order made by the Secretary of State.
5
(4)
The local housing authority may make a demolition order in respect of
any building containing one or more flats if—
(a)
they are satisfied that a category 2 hazard exists in one or more
of the flats contained in the building or in any common parts of
the building,
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(b)
this subsection is not disapplied by subsection (5), and
(c)
the circumstances of the case are circumstances specified or
described in an order made by the Secretary of State.
(5)
None of subsections (1) to (4) applies if an interim or final management
order under Part 4 is in force in relation to the premises concerned.
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(6)
This section also has effect subject to section 304(1) (no demolition
order to be made in respect of listed building).
(7)
In this section “HMO” means house in multiple occupation.
(8)
An order made under subsection (3) or (4)—
(a)
may make different provision for different cases or descriptions
20
of case (including different provision for different areas);
(b)
may contain such incidental, supplementary, consequential,
transitory, transitional or saving provision as the Secretary of
State considers appropriate; and
(c)
shall be made by statutory instrument which shall be subject to
25
annulment in pursuance of a resolution of either House of
Parliament.
(9)
Sections 584A and 584B provide for the payment of compensation
where demolition orders are made under this section, and for the
repayment of such compensation in certain circumstances.”
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Slum clearance declarations
46
Clearance areas
In section 289 of the Housing Act 1985 (c. 68) (declaration of clearance area) for
subsections (2) and (2A) substitute—
“(2)
If the local housing authority are satisfied, in relation to any area—
35
(a)
that each of the residential buildings in the area contains a
category 1 hazard, and
(b)
that the other buildings (if any) in the area are dangerous or
harmful to the health or safety of the inhabitants of the area,

declaring the area to be a clearance area is a course of action available
40
to the authority in relation to the hazard or hazards for the purposes of
section 5 of the Housing Act 2004 (category 1 hazards: general duty to
take enforcement action).

Housing Bill
Part 1 — Housing conditions
Chapter 4 — Demolition orders and slum clearance declarations
31

(2ZA)
The local housing authority may declare an area to be a clearance area
if they are satisfied that—
(a)
the residential buildings in the area are dangerous or harmful to
the health or safety of the inhabitants of the area as a result of
their bad arrangement or the narrowness or bad arrangement of
5
the streets; and
(b)
that the other buildings (if any) in the area are dangerous or
harmful to the health or safety of the inhabitants of the area.
(2ZB)
The local housing authority may declare an area to be a clearance area
if they are satisfied that—
10
(a)
that each of the residential buildings in the area contains a
category 2 hazard,
(b)
that the other buildings (if any) in the area are dangerous or
harmful to the health or safety of the inhabitants of the area, and
(c)
the circumstances of the case are circumstances specified or
15
described in an order made by the Secretary of State.

Subsection (8) of section 265 applies in relation to an order under this
subsection as it applies in relation to an order under subsection (3) or
(4) of that section.
(2ZC)
In this section “residential buildings” means buildings which are
20
dwellings or houses in multiple occupation or contain one or more flats.

This is subject to subsection (2ZD).
(2ZD)
For the purposes of subsection (2) or (2ZB)—
(a)
subsection (2ZC) applies as if “two or more flats” were
substituted for “one or more flats”; and
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(b)
a residential building containing two or more flats is only to be
treated as containing a category 1 or 2 hazard if two or more of
the flats within it contain such a hazard.
(2ZE)
Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).”
Appeals
30
47
Transfer of jurisdiction in respect of appeals relating to demolition orders etc.
(1)
Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as
follows.
(2)
In section 269 (right of appeal against demolition order etc.)—
(a)
in subsection (1), for “the county court” substitute “a residential
35
property tribunal”;
(b)
in subsection (3), for “court” substitute “tribunal”; and
(c)
in subsection (6)(a) and (b), for “Court of Appeal” substitute “Lands
Tribunal”.
(3)
In section 272 (demolition orders)—
40
(a)
in subsection (2), for “the court” in the first place it appears substitute
“a residential property tribunal”, and in the second place it appears
substitute “such a tribunal”;
(b)
in subsection (5), for the words from the beginning to “and has”
substitute “A residential property tribunal has jurisdiction to hear and
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Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action
32

determine proceedings under subsection (1) (as well as those under
subsection (2)), and a county court has”; and
(c)
in subsection (6), for “the court” substitute “a tribunal or court”.
(4)
In section 317 (power of court to determine lease where premises demolished
etc.)—
5
(a)
in subsection (1), for “the county court” substitute “a residential
property tribunal”; and
(b)
in subsections (2) and (3), for “court” substitute “tribunal”.
(5)
In section 318 (power of court to authorise execution of works on unfit
premises or for improvement)—
10
(a)
in the sidenote, for “court” substitute “tribunal”;
(b)
in subsection (1), for “the court” in the first place it appears substitute
“a residential property tribunal”, and in the second place it appears
substitute “the tribunal”;
(c)
in subsections (2) and (3), for “court” substitute “tribunal”; and
15
(d)
omit subsection (4).
Chapter 5
General and miscellaneous provisions relating to enforcement action
Recovery of expenses relating to enforcement action
48
Power to charge for certain enforcement action
20
(1)
A local housing authority may make such reasonable charge as they consider
appropriate as a means of recovering certain administrative and other
expenses incurred by them in—
(a)
serving an improvement notice under section 10 or 11;
(b)
making a prohibition order under section 19 or 20;
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(c)
serving a hazard awareness notice under section 27 or 28;
(d)
taking emergency remedial action under section 39;
(e)
making an emergency prohibition order under section 42; or
(f)
making a demolition order under section 265 of the Housing Act 1985
(c. 68).
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(2)
The expenses are, in the case of the service of an improvement notice or a
hazard awareness notice, the expenses incurred in—
(a)
determining whether to serve the notice,
(b)
identifying any action to be specified in the notice, and
(c)
serving the notice.
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(3)
The expenses are, in the case of emergency remedial action under section 39,
the expenses incurred in—
(a)
determining whether to take such action, and
(b)
serving the notice required by subsection (7) of that section.
(4)
The expenses are, in the case of a prohibition order under section 19 or 20 of
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this Act, an emergency prohibition order under section 42 or a demolition
order under section 265 of the Housing Act 1985, the expenses incurred in—