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SCHEDULES

SCHEDULE 1E+WProcedure and appeals relating to improvement notices

Part 3 E+WAppeals relating to improvement notices

Powers of residential property tribunal on appeal under paragraph 10E+W

17(1)This paragraph applies where the grounds of appeal consist of or include that set out in paragraph 12.E+W

(2)When deciding whether one of the courses of action mentioned in paragraph 12(2) is the best course of action in relation to a particular hazard, the tribunal must have regard to any guidance given to the local housing authority under section 9.

(3)Sub-paragraph (4) applies where—

(a)an appeal under paragraph 10 is allowed against an improvement notice in respect of a particular hazard; and

(b)the reason, or one of the reasons, for allowing the appeal is that one of the courses of action mentioned in paragraph 12(2) is the best course of action in relation to that hazard.

(4)The tribunal must, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.

Commencement Information

I1Sch. 1 wholly in force at 16.6.2006; Sch. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 1 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 1 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)