New Clause 7 - Emergency prohibition orders

Housing Bill – in a Public Bill Committee at 11:15 am on 22 January 2004.

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'(1) If—

(a) the local housing authority are satisfied that a Category 1 hazard exists on any residential premises, and

(b) they are further satisfied that the hazard 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 interim or final management order is in force under Part 4 in relation to the premises mentioned in paragraph (a),

making an emergency prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2) An emergency prohibition order under this section is an order imposing, with immediate effect, such prohibition or prohibitions on the use of any premises as are specified in the order in accordance with subsection (3) and section Contents of emergency prohibition orders.

(3) As regards the imposition of any such prohibition or prohibitions, the following provisions apply to an emergency prohibition order as they apply to a prohibition order under section 18—

(a) subsections (3) to (5) of that section, and

(b) subsections (3) to (5) and (7) to (9) of section 20.

(4) Part 1 of Schedule 2 (service of copies of prohibition orders) applies in relation to an emergency prohibition order as it applies to a prohibition order, but any requirement to serve copies within a specified period of seven days is to be read as a reference to serve them on the day on which the emergency prohibition order is made (or, if that is not possible, as soon after that day as is possible).

(5) The following provisions also apply to an emergency prohibition order as they apply to a prohibition order (or to a prohibition order which has become operative, as the case may be)—

(a) section 23 (revocation and variation);

(b) sections 30 to 34 (enforcement);

(c) sections 35 to 37 (supplementary provisions); and

(d) Part 2 of Schedule 2 (notices relating to revocation or variation);

(e) Part 3 of that Schedule (appeals) so far as it relates to any decision to vary, or to refuse to revoke or vary, a prohibition order; and

(f) sections 584A and 584B of the Housing Act 1985 (c.68) (payment, and repayment, of compensation).

(6) For the purposes of the operation of any provision relating to prohibition orders as it applies in connection with emergency prohibition orders by virtue of this section or section (Appeals relating to emergency measures), any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section Contents of emergency prohibition orders(2)(c), as the premises in relation to which prohibitions are imposed by the order.'.—[Keith Hill.]

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