Part 1

Housing conditions
Chapter 3

Emergency measures

Emergency remedial action

Recovery of expenses of taking emergency remedial action
42
1
This section relates to the recovery by a local housing authority of expenses reasonably incurred in taking emergency remedial action under section 40 (“emergency expenses”).
2
Paragraphs 6 to 14 of Schedule 3 (improvement notices: enforcement action by local authorities) apply for the purpose of enabling alocal housing authority to recover emergency expenses as they apply for the purpose of enabling such an authority to recover expenses incurred in taking remedial action under paragraph 3 of that Schedule.
But those paragraphs so apply with the modifications set out in subsection (3).
3
The modifications are as follows—
a
any reference to the improvement notice is to be read as a reference to the notice under section 41; and
b
no amount is recoverable in respect of any emergency expenses until such time (if any) as is the operative time for the purposes of this subsection (see subsection (4)).
4
This subsection gives the meaning of “the operative time” for the purposes of subsection (3)—
a
if no appeal against the authority’s decision to take the emergency remedial action is made under section 45 before the end of the period of 28 days mentioned in subsection (3)(a) of that section, “the operative time” is the end of that period;
b
if an appeal is made under that section within that period and a decision is given on the appeal which confirms the authority’s decision, “the operative time” is as follows—
i
if the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;
ii
if an appeal to the Upper Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the authority’s decision.
5
For the purposes of subsection (4)—
a
the withdrawal of an appeal has the same effect as a decision which confirms the authority’s decision, and
b
references to a decision which confirms the authority’s decision are to a decision which confirms it with or without variation.
S. 42 wholly in force at 16.6.2006; s. 42 not in force at Royal Assent see s. 270(4)(5); s. 42 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 42 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)
Words in s. 42(4)(b)(i)(ii) substituted (1.6.2009) by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 272 (with Sch. 5)