SCHEDULES

SCHEDULE 13 Further Provisions Relating to Control Orders under Part XI

Part III Cessation of Control Order

Revocation of order by county court on appealagainst making of order

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1

The provisions of this paragraph apply where a control order is revoked by the county court on an appeal against the control order.

2

The court shall take into consideration whether the state or condition of the house is such that action ought to be taken by the local housing authority under any other provision of this Part, and shall approve the taking of any of the following steps accordingly, that is—

a

the serving of a notice under section 352, 366 or 372 (notices requiring the execution of works),

b

the giving of a direction under section 354 (direction limiting number of occupants of house), or

c

the making of an order under section 370 (order applying management code to house);

and no appeal lies against a notice or order so approved.

3

If the local housing authority are in the course of carrying out works in the house which, if a control order were not in force, the authority would have power to require some other person to carry out under any provision of this Part or under any other enactment relating to housing or public health, and on the hearing of the appeal the court is satisfied that the carrying out of the works could not be postponed until after the determination of the appeal by the county court because the works were urgently required for the sake of the safety, welfare or health of persons living in the house, or of other persons, the court may suspend the revocation of the control order until the works have been completed.

4

The county court shall fix the date on which the control order is to be revoked without regard to whether an appeal has been or may be brought against the decision of the county court; but that does not prevent the local housing authority from bringing such an appeal.

5

The court may authorise the local housing authority to create under section 381(1)(c) (power to create interests akin to leases) interests which expire, or which the dispossessed proprietor can terminate, within six months from the time when the control order ceases to have effect, being interests which, notwithstanding section 381(2), are for a fixed term exceeding one month or are terminable by notice to quit (or an equivalent notice) of more than four weeks.