Prohibition notices

31.—(1) If the enforcing authority is of the opinion that use of premises involves or will involve a risk to relevant persons so serious that use of the premises ought to be prohibited or restricted, the authority may serve on the responsible person or any other person mentioned in article 5(3) a notice (in this Order referred to as “a prohibition notice”).

(2) The matters relevant to the assessment by the enforcing authority, for the purposes of paragraph (1), of the risk to relevant persons include anything affecting their escape from the premises in the event of fire.

(3) A prohibition notice must—

(a)state that the enforcing authority is of the opinion referred to in paragraph (1);

(b)specify the matters which in their opinion give or, as the case may be, will give rise to that risk; and

(c)direct that the use to which the prohibition notice relates is prohibited or restricted to such extent as may be specified in the notice until the specified matters have been remedied.

(4) A prohibition notice may include directions as to the measures which will have to be taken to remedy the matters specified in the notice and any such measures may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the matters.

(5) A prohibition or restriction contained in a prohibition notice pursuant to paragraph (3)(c) takes effect immediately it is served if the enforcing authority is of the opinion, and so states in the notice, that the risk of serious personal injury is or, as the case may be, will be imminent, and in any other case takes effect at the end of the period specified in the prohibition notice.

(6) Before serving a prohibition notice in relation to a house in multiple occupation, the enforcing authority shall, where practicable, notify the local housing authority of their intention and the use which they intend to prohibit or restrict.

(7) For the purposes of paragraph (6)—

“house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004(1), as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act); and

“local housing authority” has the same meaning as in section 261(2) of the Housing Act 2004.

(8) Without prejudice to the power of the court to cancel or modify a prohibition notice under article 35(2), no failure on the part of an enforcing authority to notify under paragraph (6) makes a prohibition notice void.

(9) Where a prohibition notice has been served under paragraph (1) the enforcing authority may withdraw it at any time.

(10) In this article, “premises” includes domestic premises other than premises consisting of or comprised in a house which is occupied as a single private dwelling and article 27 (powers of inspectors) shall be construed accordingly.

 

What the Guidance says:

 

A notice served under article 31 is the most stringent measure that can be instigated by
an enforcing authority whilst exercising its powers under the Order. The notice, that
can prohibit or restrict the use of a premises or building to which it is applied, replicates
the powers that were contained within Section 10 of the Fire Precautions Act 1971.
This article provides the enforcing authority with a power to act in cases where it is
necessary to prohibit or restrict the use of premises to ensure the safety of relevant
persons. The nature of the risk must be such that it is essential to act quickly and
without any unnecessary delay.
A prohibition notice must state the enforcing authority’s opinion that the use of the
premises involves (or will involve) a risk to relevant persons so serious that use of the
premises ought to be prohibited or restricted. It should specify the matters which in
their opinion give rise to the risk and direct that such use be prohibited or restricted
until the specified matters have been remedied. See article 48 on how to serve a notice.
Enforcing authorities may include in the prohibition notice directions as to the
measures which would need to be taken by the responsible person to remedy the
matters specified in the notice and the Secretary of State expects that where practicable
they will do so.
It is for the enforcing authority to decide on the time by which the notice is to take
effect. The notice should take immediate effect if there is an imminent risk of serious
personal injury. It takes effect when specified conditions arise, eg premises used as
a warehouse but it is anticipated that it will be used for a rave party by thousands of
people with very limited means of escape provision. The prohibition limits the use and
numbers etc.
Enforcing authorities are under a duty to notify, where practicable, the local housing
authority before serving a notice in relation to a HMO. If it is not practicable to notify
the local housing authority, a failure to notify will not make the notice void.
Having served an article 31 notice the enforcing authority may withdraw the notice, or
amend the effect of the notice, at any time having been satisfied that the conditions are
such that the risk to relevant persons is not serious.