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8 | Guidance about inspections and enforcement action |
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(1) | The appropriate national authority may give guidance to local housing |
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authorities about exercising— |
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(a) | their functions under this Chapter in relation to the inspection of |
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premises and the assessment of hazards, |
| 5 |
(b) | their functions under Chapter 2 of this Part in relation to improvement |
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notices, prohibition orders or hazard awareness notices, |
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(c) | their functions under Chapter 3 in relation to emergency remedial |
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action and emergency prohibition orders, or |
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(d) | their functions under Part 9 of the Housing Act 1985 (c. 68) in relation |
| 10 |
to demolition orders and slum clearance. |
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(2) | A local housing authority must have regard to any guidance for the time being |
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given under this section. |
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(3) | The appropriate national authority may give different guidance for different |
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cases or descriptions of case or different purposes (including different |
| 15 |
guidance to different descriptions of local housing authority or to local housing |
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authorities in different areas). |
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(4) | Before giving guidance under this section, or revising guidance already given, |
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the Secretary of State must lay a draft of the proposed guidance or alterations |
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before each House of Parliament. |
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(5) | The Secretary of State must not give or revise the guidance before the end of |
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the period of 40 days beginning with the day on which the draft is laid before |
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each House of Parliament (or, if copies are laid before each House of |
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Parliament on different days, the later of those days). |
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(6) | The Secretary of State must not proceed with the proposed guidance or |
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alterations if, within the period of 40 days mentioned in subsection (5), either |
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House resolves that the guidance or alterations be withdrawn. |
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(7) | Subsection (6) is without prejudice to the possibility of laying a further draft of |
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the guidance or alterations before each House of Parliament. |
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(8) | In calculating the period of 40 days mentioned in subsection (5), no account is |
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to be taken of any time during which Parliament is dissolved or prorogued or |
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during which both Houses are adjourned for more than four days. |
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9 | Consultation with fire authorities in certain cases |
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(1) | This section applies where a local housing authority— |
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(a) | are satisfied that a prescribed fire hazard exists in an HMO or in any |
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common parts of a building containing one or more flats, and |
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(b) | intend to take in relation to the hazard one of the kinds of enforcement |
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action listed in section 5(2) or section 7(2). |
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(2) | Before taking the enforcement action in question, the authority must consult |
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the fire authority for the area in which the HMO or building is situated. |
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(3) | In the case of any proposed emergency measures, the authority’s duty under |
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subsection (2) is a duty to consult that fire authority so far as it is practicable to |
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do so before taking those measures. |
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|
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|
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|
| “emergency measures” means emergency remedial action under section |
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39 or an emergency prohibition order under section 42; |
| |
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(a) | a fire authority constituted by a combination scheme under the |
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Fire Services Act 1947 (c. 41); |
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(b) | a metropolitan county fire and defence authority; |
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(c) | the London Fire and Emergency Planning Authority; or |
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(d) | a county council acting as the fire authority for its area under |
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section 4 of the Fire Services Act 1947; |
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| “prescribed fire hazard” means a Category 1 or 2 hazard which is |
| 10 |
prescribed as a fire hazard for the purposes of this section by |
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regulations under section 2. |
| |
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Improvement notices, prohibition orders and hazard awareness notices |
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10 | Improvement notices relating to category 1 hazards: duty of authority to serve |
| |
| |
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(a) | the local housing authority are satisfied that a category 1 hazard exists |
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on any residential premises, and |
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(b) | no interim or final management order is in force in relation to the |
| |
| |
| serving an improvement notice 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 |
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(2) | An improvement notice under this section is a notice requiring the person on |
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whom it is served to take such remedial action in respect of the hazard |
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concerned as is specified in the notice in accordance with subsections (3) to (5) |
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(3) | The notice may require remedial action to be taken in relation to the following |
| |
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(a) | if the residential premises on which the hazard exists are a dwelling or |
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HMO which is not a flat, it may require such action to be taken in |
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relation to the dwelling or HMO; |
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(b) | if those premises are one or more flats, it may require such action to be |
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taken in relation to the building containing the flat or flats (or any part |
| |
of the building) or any external common parts; |
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(c) | if those premises are the common parts of a building containing one or |
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more flats, it may require such action to be taken in relation to the |
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building (or any part of the building) or any external common parts. |
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Paragraphs (b) and (c) are subject to subsection (4). |
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(4) | The notice may not, by virtue of subsection (3)(b) or (c), require any remedial |
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action to be taken in relation to any part of the building or its external common |
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|
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|
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|
parts that is not included in any residential premises on which the hazard |
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exists, unless the authority are satisfied— |
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(a) | that the deficiency from which the hazard arises is situated there, and |
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(b) | that it is necessary for the action to be so taken in order to protect the |
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health or safety of any actual or potential occupiers of one or more of |
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(5) | The remedial action required to be taken by the notice — |
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(a) | must, as a minimum, be such as to ensure that the hazard ceases to be |
| |
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(b) | may extend beyond such action. |
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(6) | An improvement notice under this section may relate to more than one |
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category 1 hazard on the same premises or in the same building containing one |
| |
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(7) | The operation of an improvement notice under this section may be suspended |
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in accordance with section 13. |
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(8) | In this Part “remedial action”, in relation to a hazard, means action (whether in |
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the form of carrying out works or otherwise) which, in the opinion of the local |
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housing authority, will remove or reduce the hazard. |
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11 | Improvement notices relating to category 2 hazards: power of authority to |
| |
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(a) | the local housing authority are satisfied that a category 2 hazard exists |
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on any residential premises, and |
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(b) | no interim or final management order is in force in relation to the |
| |
| 25 |
| the authority may serve an improvement notice under this section in respect of |
| |
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(2) | An improvement notice under this section is a notice requiring the person on |
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whom it is served to take such remedial action in respect of the hazard |
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concerned as is specified in the notice in accordance with subsection (3) and |
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(3) | Subsections (3) and (4) of section 10 apply to an improvement notice under this |
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section as they apply to one under that section. |
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(4) | An improvement notice under this section may relate to more than one |
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category 2 hazard on the same premises or in the same building containing one |
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(5) | An improvement notice under this section may be combined in one document |
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with a notice under section 10 where they require remedial action to be taken |
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in relation to the same premises. |
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(6) | The operation of an improvement notice under this section may be suspended |
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in accordance with section 13. |
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12 | Contents of improvement notices |
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(1) | An improvement notice under section 10 or 11 must comply with the following |
| |
provisions of this section. |
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|
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|
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|
(2) | The notice must specify, in relation to the hazard (or each of the hazards) to |
| |
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(a) | whether the notice is served under section 10 or 11, |
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(b) | the nature of the hazard and the residential premises on which it exists, |
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(c) | the deficiency giving rise to the hazard, |
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(d) | the premises in relation to which remedial action is to be taken in |
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respect of the hazard and the nature of that remedial action, |
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(e) | the date when the remedial action is to be started (see subsection (3)), |
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(f) | the period within which the remedial action is to be completed or the |
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periods within which each part of it is to be completed. |
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(3) | The notice may not require any remedial action to be started earlier than the |
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28th day after that on which the notice is served. |
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(4) | The notice must contain information about— |
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(a) | the right of appeal against the decision under Part 3 of Schedule 1, and |
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(b) | the period within which an appeal may be made. |
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(5) | In this Part of this Act “specified premises”, in relation to an improvement |
| |
notice, means premises specified in the notice, in accordance with subsection |
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(2)(d), as premises in relation to which remedial action is to be taken in respect |
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13 | Suspension of improvement notices |
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(1) | An improvement notice may provide for the operation of the notice to be |
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suspended until a time, or the occurrence of an event, specified in the notice. |
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(2) | The time so specified may, in particular, be the time when a person of a |
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particular description begins, or ceases, to occupy any premises. |
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(3) | The event so specified may, in particular, be a notified breach of an |
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undertaking accepted by the local housing authority for the purposes of this |
| |
section from the person on whom the notice is served. |
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(4) | In subsection (3) a “notified breach”, in relation to such an undertaking, means |
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an act or omission by the person on whom the notice is served— |
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(a) | which the local housing authority consider to be a breach of the |
| |
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(b) | which is notified to that person in accordance with the terms of the |
| |
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(5) | If an improvement notice does provide for the operation of the notice to be |
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suspended under this section— |
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(a) | any periods specified in the notice under section 12 are to be fixed by |
| |
reference to the day when the suspension ends, and |
| |
(b) | in subsection (3) of that section the reference to the 28th day after that |
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on which the notice is served is to be read as referring to the 21st day |
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after that on which the suspension ends. |
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14 | Revocation and variation of improvement notices |
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(1) | The local housing authority must revoke an improvement notice if they are |
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satisfied that the requirements of the notice have been complied with. |
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|
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|
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|
(2) | The local housing authority may revoke an improvement notice if— |
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(a) | in the case of a notice served under section 10, they consider that there |
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are any special circumstances making it appropriate to revoke the |
| |
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(b) | in the case of a notice served under section 11, they consider that it is |
| 5 |
appropriate to revoke the notice. |
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(3) | Where an improvement notice relates to a number of hazards— |
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(a) | subsection (1) is to be read as applying separately in relation to each of |
| |
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(b) | if, as a result, the authority are required to revoke only part of the |
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notice, they may vary the remainder as they consider appropriate. |
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(4) | The local housing authority may vary an improvement notice— |
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(a) | with the agreement of the person on whom the notice was served, or |
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(b) | in the case of a notice whose operation is suspended, so as to alter the |
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time or events by reference to which the suspension is to come to an |
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(5) | A revocation under this section comes into force at the time when it is made. |
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(6) | If it is made with the agreement of the person on whom the improvement |
| |
notice was served, a variation under this section comes into force at the time |
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(7) | Otherwise a variation under this section does not come into force until such |
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time (if any) as is the operative time for the purposes of this subsection under |
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paragraph 20 of Schedule 1 (time when period for appealing expires without |
| |
an appeal being made or when decision to vary is confirmed on appeal). |
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(8) | The power to revoke or vary an improvement notice under this section is |
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exercisable by the authority either— |
| |
(a) | on an application made by the person on whom the improvement |
| |
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(b) | on the authority’s own initiative. |
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15 | Operation of improvement notices |
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(1) | This section deals with the time when an improvement notice becomes |
| |
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(2) | The general rule is that an improvement notice becomes operative at the end of |
| |
the period of 21 days beginning with the day on which it is served under Part |
| |
1 of Schedule 1 (which is the period for appealing against the notice under Part |
| 35 |
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(3) | The general rule is subject to subsection (4) (suspended notices) and subsection |
| |
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(4) | If the notice is suspended under section 13, the notice becomes operative at the |
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time when the suspension ends. |
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This is subject to subsection (5). |
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(5) | If an appeal against the notice is made under Part 3 of Schedule 1, the notice |
| |
does not become operative until such time (if any) as is the operative time for |
| |
the purposes of this subsection under paragraph 19 of that Schedule (time |
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|
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|
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|
when notice is confirmed on appeal, period for further appeal expires or |
| |
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(6) | If no appeal against an improvement notice is made under that Part of that |
| |
Schedule within the period for appealing against it, the notice is final and |
| |
conclusive as to matters which could have been raised on an appeal. |
| 5 |
16 | Review of suspended improvement notices |
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(1) | The local housing authority may at any time review an improvement notice |
| |
whose operation is suspended. |
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(2) | The local housing authority must review an improvement notice whose |
| |
operation is suspended not later than one year after the date of service of the |
| 10 |
notice and at subsequent intervals of not more than one year. |
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(3) | Copies of the authority’s decision on a review under this section must be |
| |
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(a) | on the person on whom the improvement notice was served, and |
| |
(b) | every other person on whom a copy of the notice was required to be |
| 15 |
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17 | Service of improvement notices etc. and related appeals |
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Schedule 1 (which deals with the service of improvement notices, and notices |
| |
relating to their revocation or variation, and with related appeals) has effect. |
| |
18 | Change in person liable to comply with improvement notice |
| 20 |
(1) | This section applies where— |
| |
(a) | an improvement notice has been served on any person (“the original |
| |
recipient”) in respect of any premises, and |
| |
(b) | at a later date (“the changeover date”) that person ceases to be a person |
| |
of the relevant category in respect of the premises. |
| 25 |
(2) | In subsection (1) the reference to a person ceasing to be a “person of the |
| |
relevant category” is a reference to his ceasing to fall within the description of |
| |
person (such as, for example, the holder of a licence under Part 2 or 3 or the |
| |
person managing a dwelling) by reference to which the improvement notice |
| |
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(3) | As from the changeover date, the liable person in respect of the premises is to |
| |
be in the same position as if— |
| |
(a) | the improvement notice had originally been served on him, and |
| |
(b) | he had taken all steps relevant for the purposes of this Part which the |
| |
original recipient had taken. |
| 35 |
(4) | The effect of subsection (3) is that, in particular, any period for compliance with |
| |
the notice or for bringing any appeal is unaffected. |
| |
(5) | But where the original recipient has become subject to any liability arising by |
| |
virtue of this Part before the changeover date, subsection (3) does not have the |
| |
| 40 |
(a) | relieving him of the liability, or |
| |
(b) | making the new liable person subject to it. |
| |
|
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|
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|
(6) | Subsection (3) applies with any necessary modifications where a person to |
| |
whom it applies (by virtue of any provision of this section) ceases to be the |
| |
liable person in respect of the premises. |
| |
(7) | Unless subsection (8) or (9) applies, the person who is at any time the “liable |
| |
person” in respect of any premises is the person having control of the premises. |
| 5 |
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(a) | the original recipient was served as the person managing the premises, |
| |
| |
(b) | there is a new person managing the premises as from the changeover |
| |
| 10 |
| that new person is the “liable person”. |
| |
(9) | If the original recipient was served as an owner of the premises, the “liable |
| |
person” is the owner’s successor in title on the changeover date. |
| |
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19 | Prohibition orders relating to category 1 hazards: duty of authority to make |
| 15 |
| |
| |
(a) | the local housing authority are satisfied that a category 1 hazard exists |
| |
on any residential premises, and |
| |
(b) | no interim or final management order is in force in relation to the |
| 20 |
| |
| making a 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 |
| |
| 25 |
(2) | A prohibition order under this section is an order imposing such prohibition or |
| |
prohibitions on the use of any premises as is or are specified in the order in |
| |
accordance with subsections (3) and (4) and section 21. |
| |
(3) | The order may prohibit use of the following premises— |
| |
(a) | if the residential premises on which the hazard exists are a dwelling or |
| 30 |
HMO which is not a flat, it may prohibit use of the dwelling or HMO; |
| |
(b) | if those premises are one or more flats, it may prohibit use of the |
| |
building containing the flat or flats (or any part of the building) or any |
| |
| |
(c) | if those premises are the common parts of a building containing one or |
| 35 |
more flats, it may prohibit use of the building (or any part of the |
| |
building) or any external common parts. |
| |
Paragraphs (b) and (c) are subject to subsection (4). |
| |
(4) | The notice may not, by virtue of subsection (3)(b) or (c), prohibit use of any part |
| |
of the building or its external common parts that is not included in any |
| 40 |
residential premises on which the hazard exists, unless the authority are |
| |
| |
(a) | that the deficiency from which the hazard arises is situated there, and |
| |
|
| |
|