PART 3ENFORCEMENT AND INVESTIGATORY POWERS

Powers of enforcing authorities to give notices

98Power of fire safety authority to give prohibition notice

(1)

This section applies where the fire safety authority for a regulated building or relevant HMO considers that use of the building or relevant HMO involves, or is likely to involve, a fire safety risk that is so serious (whether because of anything affecting the ability of people to escape in the event of fire, or for any other reason) that use of the building or relevant HMO should be prohibited or restricted.

(2)

The fire safety authority may give a prohibition notice to—

(a)

an accountable person for the building, or any other person treated as an accountable person for the building by virtue of section 36;

(b)

a duty holder for the relevant HMO.

(3)

A prohibition notice is a notice—

(a)

prohibiting the use referred to in subsection (1), or

(b)

restricting that use to an extent specified in the notice,

until the matters that give rise, or will give rise, to the fire safety risk have been remedied.

(4)

A prohibition notice must—

(a)

specify the matters that give rise, or will give rise, to the fire safety risk;

(b)

specify the time when a prohibition or restriction imposed by it takes effect;

(c)

explain the consequences of contravening such a prohibition or restriction;

(d)

include information about the right of appeal under section 99.

(5)

A prohibition notice may state that a prohibition or restriction takes effect as soon as the notice is given, but only if the fire safety authority considers that there is, or is likely to be, an imminent risk of death or serious injury.

(6)

The recipient of a prohibition notice must take all reasonable steps to ensure that—

(a)

occupiers of the building or relevant HMO are informed of any prohibition or restriction contained in the notice as soon as possible;

(b)

use of the building or relevant HMO is prevented or restricted to the extent required by the notice.

(7)

The steps that must be taken under subsection (6) include displaying a copy of the prohibition notice in a conspicuous place at each entrance to the building or relevant HMO.

(8)

Before giving a prohibition notice in relation to a relevant HMO, the fire safety authority must, where practicable, inform the local housing authority of its intention and the use which it intends to prohibit or restrict.

(9)

Where a fire safety authority gives a prohibition 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.

(10)

A failure to comply with subsection (8) or (9) does not affect the validity of the prohibition notice.

(11)

A fire safety authority that has given a prohibition notice to a person may withdraw the notice at any time by giving a further notice to the person.