[F1 10 Special procedure in cases of special risk: prohibition notices.E+W+S
(1)This section applies to—
(a)any premises which are being or are proposed to be put to a use (whether designated or not) which falls within at least one of the classes of use mentioned in section 1(2) of this Act, other than premises of the description given in section 2 of this Act; and
(b)any premises to which section 3 of this Act for the time being applies.
(2) If as regards any premises to which this section applies the [F2 fire authority [F2 fire and rescue authority ]] are of the opinion that use of the premises involves or will involve a risk to persons on the premises in case of fire so serious that use of the premises ought to be prohibited or restricted, the authority may serve on the occupier of the premises a notice (in this Act referred to as “ a prohibition notice ”).
(3)The matters relevant to the assessment by the [F3fire authority [F3fire and rescue authority]], for the purposes of subsection (2) above, of the risk to persons in the case of fire include anything affecting their escape from the premises in that event.
(4)A prohibition notice shall—
(a)state that the [F4fire authority [F4fire and rescue authority]] are of the opinion referred to in subsection (2) above;
(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.
(5)A prohibition notice may include directions as to the steps which will have to be taken to remedy the matters specified in the notice.
(6)A prohibition or restriction contained in a prohibition notice in pursuance of subsection (4)(c) above shall take effect immediately it is served if the authority are of the opinion, and so state 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 shall take effect at the end of a period specified in the prohibition notice.
(7)Where a prohibition notice has been served under subsection (2) above the [F5fire authority [F5fire and rescue authority]] may withdraw the notice at any time.]
Textual Amendments
F1S. 10 substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 9(1), 49(2), Sch. 5 para. 4
F2Words in s. 10(2) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(n); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F3Words in s. 10(3) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(n); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F4Words in s. 10(4) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(n); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F5Words in s. 10(7) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(n); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
Modifications etc. (not altering text)
C1Ss. 10-10B applied (1.12.1997) by S.I. 1997/1840, reg. 12(1)
Ss. 10-10B applied (1.12.1999) by S.I. 1999/1877, regs. 1, 17, Sch., para. 12