OpenLegislation

Paragraph 21 I1

England and Wales Not yet in force

(1)

Section 28 (hazard awareness notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

(2)

For subsections (1) and (2) 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 awareness 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).

(2)

An awareness notice under this section is a notice advising the person on whom it is served of—

(a)

the existence of a category 1 hazard on, or

(b)

a failure to meet a type 1 requirement by,

the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.”

(3)

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

(4)

In subsection (4)—

(a)

after “exists,” insert “or which fail to meet the requirement,”, and

(b)

in paragraph (a), after “hazard” insert “or failure”.

(5)

In subsection (5), 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.”

(6)

In subsection (6)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (a), after “exists” insert “or to which it relates”.

(7)

In subsection (8), for “a hazard” substitute “an”.

(8)

At the end insert—

“(9)

A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.”

(9)

In the heading—

(a)

omit “Hazard”, and

(b)

after “category 1 hazards” insert “and type 1 requirements”.

Annotations

Commencement

I1

Sch. 4 para. 21 not in force at Royal Assent, see s. 145(1)(7)