Part 1Housing conditions
Chapter 2Improvement notices, prohibition orders and hazard awareness notices
Prohibition orders
25Revocation and variation of prohibition orders
(1)
The local housing authority must revoke a prohibition order if at any time they are satisfied that the hazard in respect of which the order was made does not then exist on the residential premises specified in the order in accordance with section 22(2)(b).
(2)
The local housing authority may revoke a prohibition order if—
(a)
in the case of an order made under section 20, they consider that there are any special circumstances making it appropriate to revoke the order; or
(b)
in the case of an order made under section 21, they consider that it is appropriate to do so.
(3)
Where a prohibition order relates to a number of hazards—
(a)
subsection (1) is to be read as applying separately in relation to each of those hazards, and
(b)
if, as a result, the authority are required to revoke only part of the order, they may vary the remainder as they consider appropriate.
(4)
The local housing authority may vary a prohibition order—
(a)
with the agreement of every person on whom copies of the notice were required to be served under Part 1 of Schedule 2, or
(b)
in the case of an order whose operation is suspended, so as to alter the time or events by reference to which the suspension is to come to an end.
(5)
A revocation under this section comes into force at the time when it is made.
(6)
If it is made with the agreement of every person within subsection (4)(a), a variation under this section comes into force at the time when it is made.
(7)
Otherwise a variation under this section does not come into force until such time (if any) as is the operative time for the purposes of this subsection under paragraph 15 of Schedule 2 (time when period for appealing expires without an appeal being made or when decision to revoke or vary is confirmed on appeal).
(8)
The power to revoke or vary a prohibition order under this section is exercisable by the authority either—
(a)
on an application made by a person on whom a copy of the order was required to be served under Part 1 of Schedule 2, or
(b)
on the authority’s own initiative.