Housing Act 2004

Operation of interim EDMOs E+W

1 (1) This paragraph deals with the time when an interim EDMO comes into force or ceases to have effect. E+W

(2) The order comes into force when it is made.

(3) The order ceases to have effect at the end of the period of 12 months beginning with the date on which it is made, unless it ceases to have effect at some other time as mentioned below.

(4) If the order provides that it is to cease to have effect on a date falling before the end of that period, it accordingly ceases to have effect on that date.

(5) Sub-paragraphs (6) and (7) apply where—

(a) a final EDMO (“the final EDMO”) has been made under section 136 so as to replace the order (“the interim EDMO”), but

(b) the final EDMO has not come into force because of an appeal to [F1 the appropriate tribunal] under paragraph 26 against the making of the final EDMO.

(6) If the date on which the final EDMO comes into force in relation to the dwelling following the disposal of the appeal is later than the date on which the interim EDMO would cease to have effect apart from this sub-paragraph, the interim EDMO continues in force until that later date.

(7) If, on the application of the authority, the tribunal makes an order providing for the interim EDMO to continue in force, pending the disposal of the appeal, until a date later than that on which the interim EDMO would cease to have effect apart from this sub-paragraph, the interim EDMO accordingly continues in force until that later date.

(8) This paragraph has effect subject to paragraphs 6 and 7 (variation or revocation of orders by authority) and to the power of revocation exercisable by a residential property tribunal on an appeal made under paragraph 30.

Textual Amendments

F1 Words in Sch. 7 para. 1(5)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 186(a) (with Sch. 3)

Commencement Information

I1 Sch. 7 para. 1 wholly in force at 16.6.2006; Sch. 7 para. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 1 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 7 para. 1 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )