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The Housing Health and Safety Rating System (Wales) Regulations 2006

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Seriousness of hazards

6.—(1) Where, following an inspection of residential premises under section 4 of the Act, the inspector—

(a)determines that a hazard of a prescribed description exists; and

(b)considers, having regard to any guidance for the time being given under section 9 of the Act in relation to the assessment of hazards, that it is appropriate to calculate the seriousness of that hazard,

the seriousness of that hazard must be calculated in accordance with paragraphs (2) to (4) of this regulation.

(2) The inspector must assess the likelihood, during the period of 12 months beginning with the date of the assessment, of a relevant occupier suffering any harm as a result of that hazard as falling within one of the range of ratios of likelihood set out in column 1 of Table 1.

Table 1

Column 1Column 2
Range of ratios of likelihoodRepresentative scale point of range
Less likely than 1 in 42005600
1 in 4200 to 1 in 24003200
1 in 2400 to 1 in 13001800
1 in 1300 to 1 in 7501000
1 in 750 to 1 in 420560
1 in 420 to 1 in 240320
1 in 240 to 1 in 130180
1 in 130 to 1 in 75100
1 in 75 to 1 in 4256
1 in 42 to 1 in 2432
1 in 24 to 1 in 1318
1 in 13 to 1 in 7.510
1 in 7.5 to 1 in 46
1 in 4 to 1 in 2.53
1 in 2.5 to 1 in 1.52
More likely than 1 in 1.51

(3) The inspector must assess which of the four classes of harm (set out in Schedule 2) a relevant occupier is most likely to suffer during the period mentioned in paragraph (2).

(4) The inspector must—

(a)assess the possibility of each of the other classes of harm occurring as a result of that hazard, as falling within one of the range of percentages of possibility set out in column 1 of Table 2;

(b)record each possibility so assessed as the corresponding RSPPR set out in column 2 of Table 2; and

(c)record the possibility (which is known for the purposes of the formula in paragraph (5), as the RSPPR) of the most likely class of harm occurring as a percentage calculated using the following formula—

Where—

  • A is the RSPPR recorded under sub-paragraph (b) as the second most likely class of harm;

  • B is the RSPPR recorded under sub-paragraph (b) as the third most likely class of harm; and

  • C is the RSPPR recorded under sub-paragraph (b) as the fourth most likely class of harm.

Table 2

Column 1Column 2
Range of percentages of possibilityRepresentative scale point of the percentage range (RSPPR)
Below 0.05%0%
0.5 to 0.15%0.1%
0.15% to 0.3%0.2%
0.3% to 0.7%0.5%
0.7% to 1.5%1%
1.5% to 3%2.2%
3% to 7%4.6%
7% to 15%10%
15% to 26%21.5%
26% to 38%31.6%
Above 38%46.4%

(5) When the inspector has assessed the likelihood under paragraph (2) and assessed the possibility of each harm occurring under paragraph (3) the seriousness of that hazard must be expressed by a numerical score calculated using the following formula—

S1 + S2 + S3 + S4

Where—

S1

=

10000 × (1/L) × O1

S2

=

1000 × (1/L) × O2

S3

=

300 × (1/L) × O3

S4

=

10 × (1/L) × O4

(6) For the purposes of the formula in paragraph (5)—

(a)L is the representative scale point of range in column 2 of Table 1 corresponding to the range that has been recorded under paragraph (2);

(b)O1 is the RSPPR recorded under paragraph (4) in relation to Class I harm;

(c)O2 is the RSPPR recorded under paragraph (4) in relation to Class II harm;

(d)O3 is the RSPPR recorded under paragraph (4) in relation to a Class III harm;

(e)O4 is the RSPPR recorded under paragraph (4) in relation to Class IV harm.

(7) In this regulation—

“relevant occupier” (“meddiannydd perthnasol”) means where the risk of harm concerned is associated with the occurrence of any of the matters or circumstances listed in—

(a)

paragraph 1 of Schedule 1, an occupier under the age of 15 years;

(b)

paragraph 2, 3 or 6(a) of Schedule 1, an occupier aged 65 years or over;

(c)

paragraph 7 of Schedule 1, an occupier under the age of 3 years;

(d)

paragraph 8 of Schedule 1, an occupier aged 60 years or over who has been exposed to radon since birth;

(e)

paragraph 11 of Schedule 1, the actual occupier;

(f)

paragraph 17, 22, 23 or 25 of Schedule 1, an occupier under the age of 5 years;

(g)

paragraph 19, 20, 21, 24 or 28 of Schedule 1, an occupier aged 60 years or over;

(h)

paragraph 26—

(i)

except where a collision is with low architectural features, an occupier under the age of 5 years, and

(ii)

where a collision is with low architectural features, an occupier aged 16 years or over;

(i)

in any other paragraph of Schedule 1, any occupier; and

“RSPPR” means the representative scale point of the percentage range.

(8) In making assessments under this regulation, an inspector must have regard to any guidance for the time being given under section 9 of the Act.

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