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Housing Bill


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

24

 

38      

Effect of Part 4 enforcement action and redevelopment proposals

(1)   

Subsection (2) applies if—

(a)   

an improvement notice or prohibition order has been served or made

under this Chapter, and

(b)   

an interim or final management order under Part 4 comes into force in

5

relation to the specified premises.

(2)   

The improvement notice or prohibition order—

(a)   

if operative at the time when the interim or final management order

comes into force, ceases to have effect at that time, and

(b)   

otherwise is to be treated as from that time as if it had not been served

10

or made.

(3)   

Subsection (2)(a) does not affect any right acquired or liability (civil or

criminal) incurred before the improvement notice or prohibition order ceases

to have effect.

(4)   

Subsection (5) applies where, under section 308 of the Housing Act 1985 (c. 68)

15

(owner’s re-development proposals), the local housing authority have

approved proposals for the re-development of land.

(5)   

No action is to be taken under this Chapter in relation to the land if, and so long

as, the re-development is being proceeded with (subject to any variation or

extension approved by the authority)—

20

(a)   

in accordance with the proposals; and

(b)   

within the time limits specified by the local housing authority.

Chapter 3

Emergency measures

Emergency remedial action

25

39      

Emergency remedial action

(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

30

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

35

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

40

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

 

 

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

25

 

to be taken by an improvement notice under section 10 (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

(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.

10

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(4) may be exercised at any

time; and

(b)   

the notice required by paragraph 4 (notice before entering premises)

15

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

20

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—

25

(a)   

a notice under section 40, 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 204 (warrant to authorise entry) applies for the purpose of enabling a

30

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

35

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 40, any reference in that provision to

40

the specified premises is to be read as a reference to the premises specified, in

accordance with section 40(2)(c), as those in relation to which emergency

remedial action has been (or is to be) taken.

40      

Notice of emergency remedial action

(1)   

The notice required by section 39(7)) is a notice which complies with the

45

following requirements of this section.

 

 

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

26

 

(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

5

(or is to be) taken by the authority under section 39 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.

10

(3)   

The notice must contain information about—

(a)   

the right to appeal under section 44 against the decision of the authority

to make the order, and

(b)   

the period within which an appeal may be made.

41      

Recovery of expenses of taking emergency remedial action

15

(1)   

This section relates to the recovery by a local housing authority of expenses

reasonably incurred in taking emergency remedial action under section 39

(“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

20

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—

25

(a)   

any reference to the improvement notice is to be read as a reference to

the notice under section 40; 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)).

30

(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 44 before the end of the period

of 28 days mentioned in subsection (3)(a) of that section, “the operative

35

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

40

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.

45

(5)   

For the purposes of subsection (4)—

 

 

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

27

 

(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

5

42      

Emergency prohibition orders

(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

10

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

15

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

20

as are specified in the order in accordance with subsection (3) and section 43.

(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

25

(b)   

subsections (3) to (5) and (7) to (9) of section 21.

(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

30

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)—

35

(a)   

section 24 (revocation and variation);

(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

40

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

45

of this section or section 44, any reference in that provision to the specified

 

 

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

28

 

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.

43      

Contents of emergency prohibition orders

(1)   

An emergency prohibition order under section 42 must comply with the

5

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,

10

(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

15

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,

20

   

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

25

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

30

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,

35

   

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

appeal before the end of that period (and for any delay since then in applying

for permission to appeal out of time).

40

(5)   

An appeal under subsection (1) or (2)—

(a)   

is to be by way of a re-hearing, but

 

 

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

29

 

(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;

5

(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

10

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.

Chapter 4

Demolition orders and slum clearance declarations

15

Demolition orders

45      

Demolition orders

For section 265 of the Housing Act 1985 (c. 68) substitute—

“265    

Demolition orders

(1)   

If—

20

(a)   

the local housing authority are satisfied that a category 1 hazard

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

25

the purposes of section 5 of the Housing Act 2004 (category 1 hazards:

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

30

any common parts of the building, and

(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.

35

(3)   

The local housing authority may make a demolition order in respect of

a dwelling or HMO which is not a flat if—

(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

40

(c)   

the circumstances of the case are circumstances specified or

described in an order made by the Secretary of State.

 

 

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

30

 

(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,

5

(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.

10

(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

15

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

20

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.”

25

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—

30

(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

35

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).

(2ZA)   

The local housing authority may declare an area to be a clearance area

if they are satisfied that—

40

(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

the streets; and

 

 

 
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