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Housing Act 2004

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48Transfer of jurisdiction in respect of appeals relating to demolition orders etc.E+W
This section has no associated Explanatory Notes

(1)Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as follows.

(2)In section 269 (right of appeal against demolition order etc.)—

(a)in subsection (1), for “the county court” substitute “ a residential property tribunal ”;

(b)in subsection (3), for “court” substitute “ tribunal ”; and

(c)in subsection (6)(a) and (b), for “Court of Appeal” substitute “ Lands Tribunal ”.

(3)In section 272 (demolition orders)—

(a)in subsection (2), for “the court” in the first place it appears substitute “ a residential property tribunal ”, and in the second place it appears substitute “ such a tribunal ”;

(b)in subsection (5), for the words from the beginning to “and has” substitute “ A residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and a county court has ”; and

(c)in subsection (6), for “the court” substitute “ a tribunal or court ”.

(4)In section 317 (power of court to determine lease where premises demolished etc.)—

(a)in subsection (1), for “the county court” substitute “ a residential property tribunal ”; and

(b)in subsections (2) and (3), for “court” substitute “ tribunal ”.

(5)In section 318 (power of court to authorise execution of works on unfit premises or for improvement)—

(a)in the sidenote, for “court” substitute “ tribunal ”;

(b)in subsection (1), for “the court” in the first place it appears substitute “ a residential property tribunal ”, and in the second place it appears substitute “ the tribunal ”;

(c)in subsections (2) and (3), for “court” substitute “ tribunal ”; and

(d)omit subsection (4).

Commencement Information

I1S. 48 wholly in force at 16.6.2006; s. 48 not in force at Royal Assent see s. 270(4)(5); s. 48 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 48 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)

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