Building Act 1984

[F1 Appeals against cancellation of a public body’s notice by a local authority E+W

Textual Amendments

F1 Sch. 4 paras. 1A-1C inserted (1.10.2023) by The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023 (S.I. 2023/504), regs. 1(2), 4(3); S.I. 2023/993, reg. 2(f) (with reg. 4)

1C. (1) Where a local authority cancels a public body’s notice, in whole or in part, by giving a notice (a “cancellation notice”) under paragraph 1A(4) of this Schedule the public body may appeal to the tribunal within 21 days of the day the notice is given under that paragraph. E+W

(2) On an appeal under sub-paragraph (1), the tribunal must determine whether the relevant part of the public body’s notice was properly cancelled.

(3) In a case where the tribunal determines that the relevant part of the public body’s notice was not properly cancelled—

(a) the determination does not have the effect of reinstating the relevant part of the public body’s notice;

(b) paragraph 1B(2) and (6) of this Schedule continue to apply in relation to the relevant part of the public body’s notice;

(c) the tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator).

(4) In this paragraph the “relevant part of the public body’s notice” means so much of the public body’s notice (whether all or part of it) as was subject to the cancellation notice.]