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Paragraph 12 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where the grounds of appeal consist of or include that set out in paragraph 8.

(2)

When deciding whether one of the courses of action mentioned in paragraph 8(2) is the best course of action in relation to a particular hazard, the tribunal must have regard to any guidance given to the local housing authority under section 9.

(3)

Sub-paragraph (4) applies where—

(a)

an appeal under paragraph 7 is allowed against a prohibition order made in respect of a particular hazard; and

(b)

the reason, or one of the reasons, for allowing the appeal is that one of the courses of action mentioned in paragraph 8(2) is the best course of action in relation to that hazard.

(4)

The tribunal must, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.

Annotations

Commencement

I1

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

Notes on Part 3

Modifications

C1

Sch. 2 Pt. 3 applied by Housing Act 1985 (c. 68) , s. 300(5)(b) (as substituted (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34) , ss. 265(1) , 270(4)(5)(f) , Sch. 15 para. 20 ); S.I. 2006/1060 , art. 2(1)(d) (with Sch. ); S.I. 2006/1535 , art. 2(b) (with Sch. )

Notes on Powers of ... tribunal on appeal under paragraph 7

Textual amendments

F1

Words in Sch. 2 para. 11 heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(c) (with Sch. 3)