Paragraph 26 I1

Section 40 (emergency remedial action) 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)

they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c)

no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii),

the taking by the authority of emergency remedial action 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 (4), for the words from “of” to the end substitute

“of—

(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.”