Part 4Higher-risk buildings

Residents' etc duties

I1I296Contravention notices

1

This section applies where it appears to the appropriate accountable person that a relevant person has contravened or is contravening a duty under section 95(2).

2

The appropriate accountable person may give a contravention notice to the relevant person.

3

A “contravention notice” is a notice that—

a

specifies the alleged contravention;

b

specifies any steps that the appropriate accountable person considers the relevant person should take in order to remedy the contravention, and a reasonable time for the taking of those steps;

c

specifies anything that the appropriate accountable person considers the relevant person should refrain from doing, to avoid further contraventions of the duty;

d

contains an explanation of the steps that the appropriate accountable person may take under this section if the notice is not complied with.

4

Where it appears to the appropriate accountable person that the relevant person has contravened or is contravening the duty under section 95(2)(b), the contravention notice may require the relevant person to pay to the appropriate accountable person a sum specified in the notice.

5

A sum may be specified in a contravention notice under subsection (4) only if—

a

it is necessary to repair or replace the relevant safety item as a result of the contravention, and

b

the sum specified does not exceed the reasonable cost of repairing or replacing (as the case may be) that item.

6

The Secretary of State may by regulations make provision about contravention notices, including—

a

provision about the form of a notice and the way a notice is to be given, and

b

further provision about the content of a notice.

7

The county court may, on an application made by the appropriate accountable person, make an order under this section if satisfied that—

a

a contravention notice has been given,

b

the contravention alleged in the notice occurred, and

c

it is necessary to make the order.

8

An order under this section may—

a

require a relevant person to provide specified information or do a specified thing, by a specified time;

b

prohibit a relevant person from doing a specified thing;

c

where a contravention notice requires a sum to be paid under subsection (4), require a relevant person to pay to the appropriate accountable person a specified sum.

“Specified” here means specified in the order.

9

A sum specified in an order under subsection (8)(c) may not exceed the sum specified in the contravention notice.

10

In this section—

  • “appropriate accountable person” has the same meaning as in section 95;

  • “relevant person” means a person who is subject to the duties under section 95 (see subsection (1) of that section).