Part 1

Housing conditions
Chapter 1

Enforcement of housing standards: general

Enforcement of housing standards

Consultation with fire and rescue authorities in certain cases
10
1
This section applies where a local housing authority—
a
are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and
b
intend to take in relation to the hazard one of the kinds of enforcement action mentioned in section 5(2) or section 7(2).
2
Before taking the enforcement action in question, the authority must consult the fire and rescue authority for the area in which the HMO or building is situated.
3
In the case of any proposed emergency measures, the authority’s duty under subsection (2) is a duty to consult that fire and rescue authority so far as it is practicable to do so before taking those measures.
4
In this section—
- “emergency measures” means emergency remedial action under section 40 or an emergency prohibition order under section 43;
- “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21);
- “prescribed fire hazard” means a category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.
S. 10 wholly in force at 16.6.2006; s. 10 not in force at Royal Assent see s. 270(4)(5); s. 10 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 10 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)