PART IV N.I.HOUSES IN MULTIPLE OCCUPATION

Special control provisions: general provisions as to decisions and appealsN.I.

75H.—(1) Special control provisions shall provide that the Executive shall give a written statement of its reasons to the applicant where it refuses to grant his application for first registration, or for a renewal or variation of a registration, or imposes conditions of registration on such an application.

(2) Special control provisions shall provide that the Executive shall give written notice to the person having control of the house and the person managing it of any decision by the Executive—

(a)to vary the conditions of registration (otherwise than on an application to which paragraph (1) applies), or

(b)to revoke the registration of the house,

and at the same time give them a written statement of the Executive's reasons.

(3) Where in accordance with special control provisions the Executive—

(a)notifies an applicant that it refuses to grant his application for first registration or for the renewal or variation of a registration,

(b)notifies such an applicant of the imposition of conditions of registration, or

(c)gives notice to the person having control or the person managing the house of any such decision as is mentioned in paragraph (2),

that person may, within 21 days of being so notified, or such longer period as the Executive may in writing allow, appeal to the county court.

(4) If on appeal it appears to the court—

(a)that there has been any informality, defect or error in, or in connection with, the Executive's decision, or

(b)that the Executive acted unreasonably,

the court may reverse or vary the decision of the Executive.

(5) In so far as an appeal is based on the ground mentioned in paragraph (4)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(6) Where the decision of the Executive was a refusal—

(a)to grant an application for first registration of a house, or

(b)for the renewal or variation of the registration,

the court may direct the Executive to grant the application as made or as varied in such manner as the court may direct.

(7) Where the decision of the Executive was to impose conditions of registration, the court may direct the Executive to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.