Powers of F1... tribunal on appeal under paragraph 7E+W
Textual Amendments
F1Words 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)
11(1)This paragraph applies to an appeal to [F2the appropriate tribunal] under paragraph 7.E+W
(2)The appeal—
(a)is to be by way of a re-hearing, but
(b)may be determined having regard to matters of which the authority were unaware.
(3)The tribunal may by order confirm, quash or vary the prohibition order.
(4)Paragraph 12 makes special provision in connection with the ground of appeal set out in paragraph 8.
Textual Amendments
F2Words in Sch. 2 para. 11(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(a) (with Sch. 3)
Commencement Information
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. )
12(1)This paragraph applies where the grounds of appeal consist of or include that set out in paragraph 8.E+W
(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.
Commencement Information
I2 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. )