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Housing (Scotland) Act 2001

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  • s. 5(5A) inserted by 2003 asp 10 s. 5(4)(c) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
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4 Review of decisionsS

This section has no associated Explanatory Notes

(1)In section 29 (interim duty to accommodate) of the 1987 Act, in subsection (1)—

(a)after “occupation” insert “ (a) ”,

(b)at the end insert—

(b)where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.

(2)In section 30 (notification of decision and reasons) of that Act, after subsection (4) insert—

(4A)They shall also notify him—

(a)that he may request a review of the decision and of the time within which such a request must be made, and

(b)of the advice and assistance that is available to him in connection with any such review.

(3)In section 34 (duties to persons whose applications are referred) of that Act—

(a)after subsection (3) insert—

(3A)The notifying authority shall also notify him—

(a)that he may request a review of the determination and of the time within which such a request must be made, and

(b)of the advice and assistance that is available to him in connection with any such review.,

(b)in subsection (4), for “subsection (3)” substitute “ this section ”.

(4)After section 35 of that Act insert—

35A Right to request review of decision

(1)Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision.

(2)This subsection applies to the following decisions of a local authority—

(a)any decision as to what duty (if any) is owed to the applicant under section 31 or 32,

(b)any decision to notify another authority under section 33(1),

(c)any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied,

(d)where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section.

(3)A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow.

(4)There is no right to request a review of a decision reached on review.

35B Procedure on review

(1)A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision.

(2)The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review.

(3)If the decision is—

(a)to confirm the original decision on any issue against the interests of the applicant, or

(b)to confirm a previous decision—

(i)to notify another authority under section 33(1), or

(ii)that the conditions are met for referral of his case,

the authority shall also notify him of the reasons for the decision.

(4)Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with.

(5)Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Commencement Information

I1S. 4 wholly in force at 1.4.2002, see s. 113(1)(2) and S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)

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