Paragraph 28 I1

In section 43 (emergency prohibition orders), 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),

making an emergency prohibition order 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).”