40 Emergency remedial action
Housing Act 2004 (2004 c 34) | Legislation

Chapter 3
Emergency Measures

Emergency remedial action

40  Emergency remedial action

(1)     If—

(a)     the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

(b)     they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c)     no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),

the taking by the authority of emergency remedial action under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2)     “Emergency remedial action” means such remedial action in respect of the hazard concerned as the authority consider immediately necessary

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