SCHEDULE 2Modification of provisions of the 1990 Act

PART 4Modification of section 37 of the 1990 Act

4.

Section 37 of the 1990 Act (appeals) applies as if—

(a)

for the heading there were substituted “ Appeals ”;

(b)

for subsection (1) there were substituted—

“(1)

Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 4(1) of, and Part 1 of Schedule 2 to, the 2020 Regulations, may appeal to the First-tier Tribunal.”;

(c)

subsection (2) were omitted;

(d)

for subsection (3) there were substituted—

“(3)

The appeals procedure under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 M1 applies to appeals made under subsection (1).”;

(e)

subsection (4) were omitted;

(f)

for subsection (5) there were substituted—

“(5)

The notice of appeal period under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1).”;

(g)

in subsection (6)—

(i)

for “subsection (3) or (4)” there were substituted “ subsection (1) ”; and

(ii)

in paragraph (a), for “a magistrates' court or to the sheriff” there were substituted “ the First-tier Tribunal ”.