C1C2C3PART IX SLUM CLEARANCE
Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
Pt. IX (ss. 264–323) extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 1(2)(xxxii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Demolition or closing of unfit premises beyond repair at reasonable cost
269 Right of appeal against order.
1
A person aggrieved by a demolition or closing order may, within 21 days after the date of the service of the order, appeal to the county court.
2
No appeal lies at the instance of a person who is in occupation of the premises F1or part of the premises under a lease or agreement with an unexpired term of three years or less.
F4C42A
Without prejudice to the generality of subsection (1), it shall be a ground of appeal—
a
in the case of a closing order, that serving a repair notice under section 189 or making a demolition order under section 265 is the most satisfactory course of action; and
b
in the case of a demolition order, that serving a repair notice under section 189 or making a closing order under section 264 is the most satisfactory course of action;
and, where the grounds on which an appeal is brought are or include that specified in paragraph (a) or paragraph (b), the court, on hearing the appeal, shall have regard to any guidance given to the local housing authority under section 604A.
3
On an appeal the court—
a
may make such order either confirming or quashing or varying the order as it thinks fit, . . . F2
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F53A
Where an appeal is allowed against a closing or demolition order and the reason or one of the reasons for allowing the appeal is that specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (2A), the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
6
If an appeal is brought the order does not become operative until—
a
a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
b
if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);
and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.
Pt. IX (ss. 264–323) extended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 11