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Housing Act 2004

Chapter 5 - General and Miscellaneous Provisions Relating to Enforcement Action
Section 49: Power to charge for certain enforcement action
Section 50: Recovery of charge under section 49

174.Sections 49 and 50 provide powers for LHAs to charge, and to recover charges, incurred in respect of certain enforcement powers and duties exercised under Part 1. These provisions re-enact with modifications sections 87 and 88 of the Housing Grants, Construction and Regeneration Act 1996, which are repealed by Schedule 16 to this Act.

Section 51: Repeal of power to improve existing enforcement procedures

175.Section 51 repeals section 86 of the Housing Grants, Construction and Regeneration Act 1996, which provides a pre-notice procedure enabling forewarning to be given of the enforcement action contemplated by an LHA. The Housing (Fitness Enforcement Procedures) Order 1996 (SI 1996 No 2885) requires an LHA to issue a "minded to take action" notice prior to taking enforcement action.

Section 52: Repeal of provisions relating to demolition of obstructive buildings

176.Section 52 repeals the provisions in sections 283-288 of the Housing Act 1985 relating to the demolition of obstructive buildings.

Section 53: Miscellaneous repeals etc in relation to fire hazards

177.Section 53 repeals certain provisions of the Building Act 1984 and in a number of local acts dealing with fire safety in buildings. These provisions are made redundant by Part 1.

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