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SCHEDULES

SCHEDULE 3E+WImprovement notices: enforcement action by local housing authorities

Part 2E+WPower to take action without agreement

Obstruction of action taken without agreementE+W

5(1)If, at any relevant time—E+W

(a)the person on whom the notice under paragraph 4 was served is on the premises for the purpose of carrying out any works, or

(b)any workman employed by that person, or by any contractor employed by that person, is on the premises for such a purpose,

that person is to be taken to have committed an offence under section 241(1).

(2)In proceedings for such an offence it is a defence that there was an urgent necessity to carry out the works in order to prevent danger to persons occupying the premises.

(3)In sub-paragraph (1) “relevant time” means any time—

(a)after the end of the period of 7 days beginning with the date of service of the notice under paragraph 4, and

(b)when any workman or contractor employed by the local housing authority is taking action on the premises which has been mentioned in the notice in accordance with paragraph 4(2)(c).

Commencement Information

I1Sch. 3 wholly in force at 16.6.2006; Sch. 3 not in force at Royal Assent see s. 270(4)(5); Sch. 3 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 3 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)