No versions valid at: 17/02/2005
Point in time view as at 17/02/2005. This version of this cross heading contains provisions that are not valid for this point in time.
Housing Act 2004, Paragraph 12 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 06/04/2006
12(1)This paragraph applies where the grounds of appeal consist of or include that set out in paragraph 8.E+W
(2)When deciding whether one of the courses of action mentioned in paragraph 8(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 7 is allowed against a prohibition order made 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 8(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. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
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