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The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 909
- PART 6
- Regulation 49
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Appeal in relation to reviewed decisionsE+W
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49.—(1) A person may appeal to the First-tier Tribunal against the decision of the regulator of a kind referred to in regulation 48(1) (review of regulator’s decisions) provided that the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the person of its decision under regulation 48(5)(1).
(2) The First-tier Tribunal may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
(a)that the decision was based on an error of fact;
(b)that the decision was wrong in law;
(c)that the decision was unreasonable;
(d)that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act.
(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.
(1)
Section 26 of the Building Safety Act 2022 provides a decision must be reviewed under section 25 before an appeal is made.
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