Prospective

PART 3 E+W ENFORCEMENT AND INVESTIGATORY POWERS

Powers of enforcing authorities to give notices E+W

96 Power of enforcing authority to give compliance notice E+W

(1) An enforcing authority may give a compliance notice to any person it considers—

(a) has contravened a requirement that the authority has the function of enforcing,

(b) is contravening such a requirement, or

(c) is likely to contravene such a requirement.

(2) A compliance notice is a notice requiring the person, within a period specified in the notice, to do any or all of the following—

(a) remedy the contravention or the matters giving rise to it;

(b) take specified steps relating to remedying the contravention;

(c) take specified steps relating to avoiding the contravention occurring.

(3) If the enforcing authority considers that the contravention has placed or will place relevant people in imminent danger, the notice may state that it is an “urgent action notice” for the purposes of section 97.

(4) Where an enforcing authority gives a compliance notice to a person, it must at the same time give to the person a statement that—

(a) summarises the requirements of the notice,

(b) explains the consequences of failing to comply with the notice, and

(c) includes information about the right of appeal under section 97.

(5) Where a building safety authority gives a compliance notice in relation to a regulated building, it must ensure the following are informed—

(a) any other county council or county borough council in Wales in whose area any part of the building is situated;

(b) the fire safety authority for the building;

(c) the Welsh Ministers, if the principal accountable person for the building is a registered social landlord;

(d) any other person specified in regulations made by the Welsh Ministers.

(6) Where a fire safety authority gives a compliance notice in relation to a regulated building or a relevant HMO, it must ensure the following are informed—

(a) the building safety authority for the building and any other county council or county borough council in Wales in whose area any part of the building is situated, if the notice relates to a regulated building or a relevant HMO that is contained in a regulated building;

(b) the Welsh Ministers, if the principal accountable person for the building or the landlord of the relevant HMO is a registered social landlord;

(c) any other person specified in regulations made by the Welsh Ministers.

(7) A failure to comply with subsection (5) or (6) does not affect the validity of the notice.

(8) An enforcing authority that has given a compliance notice to a person may withdraw the notice at any time by giving a further notice to the person.

(9) In subsection (3), “relevant people” means people in or about the regulated building or relevant HMO to which the contravention relates.

Commencement Information

I1 S. 96 not in force at Royal Assent, see s. 138(2)