Paragraph 26 I1
England and Wales
A relevant person may appeal to F1the appropriate tribunal against—
a decision of the local housing authority to make a final EDMO,
the terms of a final EDMO (including the terms of the management scheme contained in it), or
the terms of an interim EDMO on the grounds that they do not provide for one or both of the matters mentioned in paragraph 5(5)(a) and (b) (which relate to payments of surplus rent etc.).
Where an appeal is made under sub-paragraph (1)(c)—
the appeal may be brought at any time while the order is in force (with the result that nothing in sub-paragraph (3) or paragraph 27 applies in relation to the appeal); and
the powers of the F2appropriate tribunal under paragraph 28 are limited to determining whether the order should be varied by the tribunal so as to include a term providing for the matter or matters in question, and (if so) what provision should be made by the term.
If no appeal is brought under this paragraph in respect of a final EDMO within the time allowed by paragraph 27 for making such an appeal, the order is final and conclusive as to the matters which could have been raised on appeal.
Annotations
Textual amendments
- F1
Words in Sch. 7 para. 26(1) 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)
- F2
Words in Sch. 7 para. 26(2)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 186(c) (with Sch. 3)
Commencement
- I1
Sch. 7 para. 26 wholly in force at 16.6.2006; Sch. 7 para. 26 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 26 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 7 para. 26 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )