PART 6Consumer Protection and Miscellaneous
CHAPTER 2Miscellaneous
Smoke and carbon monoxide alarms
I1150Smoke and carbon monoxide alarms
1
The Secretary of State may by regulations make provision imposing duties on a relevant landlord of residential premises in England for the purposes of ensuring that, during any period when the premises are occupied under a tenancy—
a
the premises are equipped with a required alarm (or required alarms), and
b
checks are made by or on behalf of the landlord in accordance with the regulations to ensure that any such alarm remains in proper working order.
2
“Required alarm” means—
a
a smoke alarm, or
b
a carbon monoxide alarm,
that meets the appropriate standard.
3
Regulations may include provision about—
a
the interpretation of terms used in subsections (1) and (2);
b
the enforcement of any duty imposed by regulations.
4
Provision made by virtue of subsection (3)(b) may in particular—
a
confer functions on local housing authorities in England;
b
require a landlord who contravenes any such duty to pay a financial penalty.
5
Provision about penalties made by virtue of subsection (4)(b) includes provision—
a
about the procedure to be followed in imposing penalties;
b
about the amount of penalties;
c
conferring rights of appeal against penalties;
d
for the enforcement of penalties;
e
about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).
6
Regulations may—
a
include incidental, supplementary and consequential provision;
b
make transitory or transitional provision or savings;
c
make different provision for different cases or circumstances or for different purposes;
d
make provision subject to exceptions.
7
Consequential provision made by virtue of subsection (6)(a) may amend, repeal or revoke any provision made by or under an Act.
8
Regulations are to be made by statutory instrument.
9
An instrument containing regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
10
Subject to provision contained in regulations, in this section—
“the appropriate standard”, in relation to a smoke alarm or a carbon monoxide alarm, means the standard (if any) that is specified in, or determined under, regulations;
“local housing authority” has the meaning given in section 261(2) of the Housing Act 2004;
“premises” includes land, buildings, moveable structures, vehicles and vessels;
“regulations” means regulations under this section;
“relevant landlord” means a landlord in respect of a tenancy of residential premises in England who is of a description specified in regulations;
“residential premises” means premises all or part of which comprise a dwelling;
“tenancy” includes any lease, licence, sub-lease or sub-tenancy (and “landlord” is to be read accordingly).