Art. 2 — HA 2004: Meaning of “category 1 hazard” and “category 2 hazard”

Meaning of “category 1 hazard” and “category 2 hazard” 2 1 In this Act— “ category 1 hazard ” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score of or above a prescribed amount; “ category 2 hazard ” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score below the minimum amount prescribed for a category 1 hazard of that description; and “ hazard ” means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise). 2 In subsection (1)— “ prescribed ” means prescribed by regulations made by the appropriate national authority (see section 261(1)); and “ prescribed band ” means a band so prescribed for a category 1 hazard or a category 2 hazard, as the case may be. 3 Regulations under this section may, in particular, prescribe a method for calculating the seriousness of hazards which takes into account both the likelihood of the harm occurring and the severity of the harm if it were to occur. 4 In this section— “ building ” includes part of a building; “ harm ” includes temporary harm. 5 In this Act “ health ” includes mental health.