SCHEDULE 6Management orders: procedure and appeals
Part 3Appeals against decisions relating to management orders
Right to appeal against making of order etc.
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(1)
A relevant person may appeal to F1the appropriate tribunal against—
(a)
a decision of the local housing authority to make an interim or final management order, or
(b)
the terms of such an order (including, if it is a final management order, those of the management scheme contained in it).
(2)
Except to the extent that an appeal may be made in accordance with sub-paragraphs (3) and (4), sub-paragraph (1) does not apply to an interim management order made under section 102(4) or (7) or in accordance with a direction given under paragraph 26(5).
(3)
An appeal may be made under sub-paragraph (1)(b) on the grounds that the terms of an interim management order do not provide for one or both of the matters mentioned in section 110(5)(a) and (b) (which relate to payments of surplus rent etc.).
(4)
Where an appeal is made under sub-paragraph (1)(b) only on those grounds—
(a)
the appeal may be brought at any time while the order is in force (with the result that nothing in sub-paragraph (5) or paragraph 25 applies in relation to the appeal); and
(b)
the powers of F2the appropriate tribunal under paragraph 26 are limited to determining whether the order should be varied by the tribunal so as to include a term providing for the matter or matters in question, and (if so) what provision should be made by the term.
(5)
If no appeal is brought against an interim or final management order under this paragraph within the time allowed by paragraph 25 for making such an appeal, the order is final and conclusive as to the matters which could have been raised on appeal.