SCHEDULE 2Modification of provisions of the 1990 Act

PART 5Modification of section 39 of the 1990 Act

I15

Section 39 of the 1990 Act (appeals against improvement notices) applies as if—

a

for subsection (1) there were substituted—

1

On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 4(1) of, and Part 1 of Schedule 2 to, the 2020 Regulations, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, it may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.

b

in subsection (3), “for want of prosecution” were omitted.