SCHEDULES

SCHEDULE 5Licences under Parts 2 and 3: procedure and appeals

Part 2Procedure relating to variation or revocation of licences

Refusal to vary a licence

19

Before refusing to vary a licence, the local housing authority must—

(a)

serve a notice under this paragraph on the licence holder and each relevant person, and

(b)

consider any representations made in accordance with the notice and not withdrawn.

Annotations:
Commencement Information

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

20

The notice under paragraph 19 must state that the authority are proposing to refuse to vary the licence and set out—

(a)

the reasons for refusing to vary the licence, and

(b)

the end of the consultation period.

Annotations:
Commencement Information

I2Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

21

(1)

This paragraph applies where the local housing authority refuse to vary a licence.

(2)

The authority must serve on the licence holder and each relevant person a notice setting out—

(a)

the authority’s decision not to vary the licence,

(b)

the reasons for the decision and the date on which it was made,

(c)

the right of appeal against the decision under Part 3 of this Schedule, and

(d)

the period within which an appeal may be made (see paragraph 33(2)).

(3)

The documents required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.