Valid from 01/12/2010
F1Arts. 11A-11D and cross-headings inserted (1.12.2010) by Housing (Amendment) Act (Northern Ireland) 2010 (c. 9), ss. 5(1), 19(1); S.R. 2010/251, art. 3
11D—(1) This Article applies where an applicant has the right to appeal to the county court against the Executive's decision on a review.
(2) If the applicant is dissatisfied with a decision by the Executive—
(a)not to exercise its power under Article 11C(5) in relation to the applicant's case,
(b)to exercise its power under Article 11C(5) for a limited period ending before the final determination by the county court of the applicant's appeal under Article 11C(1) (“the main appeal”), or
(c)to cease exercising its power before that time,
the applicant may appeal to the county court against the decision.
(3) An appeal under this Article may not be brought after the final determination by the county court of the main appeal.
(4) On an appeal under this Article the court—
(a)may order the Executive to secure that accommodation is available for the applicant's occupation until the determination of the appeal (or such earlier time as the court may specify), and
(b) shall confirm or quash the decision appealed against,
and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.
(5) If the court quashes the decision it may order the Executive to exercise its power under Article 11C(5) in the applicant's case for such period as may be specified in the order.
(6) An order under paragraph (5)—
(a)may only be made if the court is satisfied that failure to exercise any power under Article 11C(5) in accordance with the order would substantially prejudice the applicant's ability to pursue the main appeal;
(b)may not specify any period ending after the final determination by the county court of the main appeal.]