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The Housing (Northern Ireland) Order 1988

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Changes over time for: Section 11C

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There are currently no known outstanding effects for the The Housing (Northern Ireland) Order 1988, Section 11C. Help about Changes to Legislation

[F1Right of appeal to a county court on a point of lawN.I.

11C(1) If an applicant who has requested a review under Article 11A —

(a)is dissatisfied with the decision on the review, or

(b)is not notified of the decision on the review within the time prescribed by regulations under Article 11B,

the applicant may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision.

(2) An appeal must be brought within 28 days of the applicant's being notified of the decision or, as the case may be, of the date on which the applicant should have been notified of a decision on review.

(3) The court may give leave for an appeal to be brought after the end of the period allowed by paragraph (2), but only if it is satisfied—

(a)where leave is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time; or

(b)where leave is sought after that time, that there was a good reason for the applicant's failure to bring the appeal in time and for any delay in applying for leave.

(4) On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit.

(5) Where the Executive was under a duty under Article 8(1) or 10(3) to secure that accommodation is available for the applicant's occupation it may secure that accommodation is so available—

(a)during the period for appealing under this Article against the Executive's decision, and

(b)if an appeal is brought, until the appeal (and any further appeal) is finally determined.]

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