Consultation with fire authorities incertain cases

Housing Bill

Public Bill Committees, 22 January 2004, 11:15 am

'(1) This section applies where a local housing authority—

(a) are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and

(b) intend to take in relation to the hazard one of the kinds of enforcement action listed in section 5(2) or section 7(2).

(2) Before taking the enforcement action in question, the authority must consult the fire authority for the area in which the HMO or building is situated.

(3) In the case of any proposed emergency measures, the authority's duty under subsection (2) is a duty to consult that fire authority so far as it is practicable to do so before taking those measures.

(4) In this section—

''emergency measures'' means emergency remedial action under section (Emergency remedial action) or an emergency prohibition order under section Emergency prohibition orders);

''fire authority'' means—

(a) a fire authority constituted by a combination scheme under the Fire Services Act 1947 (c.41);

(b) a metropolitan county fire and defence authority;

(c) the London Fire and Emergency Planning Authority; or

(d) a county council acting as the fire authority for its area under section 4 of the Fire Services Act 1947 (c.41);

''prescribed fire hazard'' means a Category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.'.—[Keith Hill.]

Brought up, read the First and Second time, and added to the Bill.