Housing Act 2004

Transfers E+W

3 (1) This paragraph applies where, in any proceedings before a court, there falls for determination a question which a tribunal would have jurisdiction to determine on an application or appeal to the tribunal. E+W

(2) The court—

(a) may by order transfer to the tribunal so much of the proceedings as relate to the determination of that question, and

(b) may then dispose of all or any remaining proceedings, or adjourn the disposal of all or any remaining proceedings pending the determination of that question by the tribunal, as it thinks fit.

(3) When the tribunal has determined the question, the court may give effect to the determination in an order of the court.

(4) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this paragraph.

(5) Procedure regulations may prescribe the procedure to be followed in a tribunal consequent on a transfer under this paragraph.

(6) Nothing in this Act [F1 or the Mobile Homes Act 1983] affects any power of a court to make an order that could be made by a tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—

(a) the court has not made a transfer under this paragraph, and

(b) the order is made by the court in connection with disposing of any proceedings before it.

Textual Amendments

F1 Words in Sch. 13 para. 3(6) inserted (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 4(3)(b) and said words inserted (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (No. 899), arts. 1(1), 4(3)(b) (with art. 5)

Commencement Information

I1 Sch. 13 para. 3 wholly in force at 16.6.2006; Sch. 13 para. 3 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 3 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 3 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )