Paragraph 11 I1

Section 11 (improvement notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

For subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 1 hazard exists on any residential premises, or

(ii)

any qualifying residential premises fail to meet a type 1 requirement, and

(b)

no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving an improvement notice under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).”

In subsection (2), after “hazard” insert “or failure”.

In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.

In subsection (4)—

In subsection (5)(a), for the words from “that” to “but” substitute

“that—

(i)

if the notice relates to a hazard, the hazard ceases to be a category 1 hazard;

(ii)

if the notice relates to a failure by premises to meet a type 1 requirement, the premises meet the requirement; but”.

In subsection (6), for the words from “to” to the end substitute

“to—

(a)

more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b)

more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more flats.”

In subsection (8)—

In the heading, after “hazards” insert “and type 1 requirements”.