Section 365 Means of escape from fire; general provisions as to exercise powers.

England and Wales

F1(1)

In any case where—

(a)

the local housing authority have the power to serve a notice under subsection (1) of section 352 in respect of a house in multiple occupation, and

(b)

the reason, or one of the reasons, by virtue of which that power arises is a failure to meet the requirement in paragraph (d) F2or (e) of subsection (1A) of that section,

the authority shall in addition have the power for that reason to accept an undertaking or make a closing order under section 368 in respect of the house.

(2)

Where by virtue of subsection (1) the local housing authority have powers in respect of a house in multiple occupation to serve a notice under section 352(1) for the reason mentioned in subsection (1)(b) and to accept an undertaking or make a closing order under section 368, they may exercise such of those powers as appear to them appropriate; and where the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection, the authority shall be under a duty to so exercise those powers.

(2A)

The local housing authority shall not serve a notice under section 352(1) for the reason mentioned in subsection (1)(b) or accept an undertaking or make a closing order under section 368 if the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection.

F3(3)

The local housing authority shall consult with the F4fire and rescue authority concerned before exercising any of the powers mentioned in subsection (2)—

(a)

where they are under a duty to exercise those powers, or

(b)

where they are not under such a duty but may exercise those powers and the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection.

(4)

An order under subsection (2) F5F6, (2A) or (3)—

(a)

may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F7(5)

Nothing in this section affects the power of the local housing authority to serve a notice under subsection (1) of section 352 if the house also fails to meet one or more of the requirements in paragraphs (a) to (c) F8. . . of subsection (1A) of that section.

Annotations

Textual amendments

F1: S. 365(1)–(2A) substituted for S. 365(1)(2) by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 53(1)
F2: Words in s. 365(1)(b) inserted (1.10.1996 for specified purposes otherwise 3.3.1997) by 1996 c. 52, s. 75(2); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2
F3: S. 365(3) substituted (1.10.1996 for specified purposes otherwise 3.3.1997) by 1996 c. 52, s. 75(3); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2
F4: Words in s. 365(3) substituted (7.9.2004 for specified purposes for E. and 1.10.2004 insofar as not already in force for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 62(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F5: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 53(3)
F6: Words in s. 365(4) substituted (1.10.1996 for specified purposes otherwise 3.3.1997) by 1996 c. 52, s. 75(4); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2
F7: S.365(5) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 53(3)
F8: Words in s. 365(5) omitted (1.10.1996 for specified purposes otherwise 3.3.1997) by virtue of 1996 c. 52, s. 75(5); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2; and repealed (3.3.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. II; S.I. 1997/596, art. 2

Notes on Part XI

Textual amendments

F1: Ss. 345-400 (Pt. XI) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2) {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))