SCHEDULES
SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS
31
1
Schedule 4 (premises occupied under leases) is amended as follows.
2
In paragraph 2 (joining lessors in tribunal proceedings)—
a
in the heading, the words “or 25(8)” are omitted, and
b
in sub-paragraph (1), for “under section 17A or 25(8)” substitute “
on a complaint under section 17A
”
.
3
In the heading to Part II (occupation by provider of services) for “provider of services” substitute “
persons subject to a duty under section 21, section 21E or 21H
”
.
4
In paragraph 5 (failure to obtain consent to alteration), after “section 21 duty” insert “
or the duty imposed under section 21E or 21H
”
.
5
In paragraph 7(1)
(joining lessors in proceedings under section 25), for “under section 25, in a case to which this Part of this Schedule applies,” substitute “
under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8),
”
.
6
After paragraph 7 insert—
Joining lessors in proceedings relating to group insurance or employment services
7A
1
In any proceedings on a complaint under section 25(8) in a case to which section 27 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined as a party to the proceedings.
2
The request shall be granted if it is made before the hearing of the complaint begins.
3
The tribunal may refuse the request if it is made after the hearing of the complaint begins.
4
The request may not be granted if it is made after the tribunal has determined the complaint.
5
Where a lessor has been so joined as a party to the proceedings, the tribunal may determine—
a
whether the lessor has—
i
refused consent to the alteration, or
ii
consented subject to one or more conditions; and
b
if so, whether the refusal or any of the conditions was unreasonable.
6
If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
a
make such declaration as it considers appropriate;
b
make an order authorising the occupier to make the alteration specified in the order;
c
order the lessor to pay compensation to the complainant.
7
An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
8
Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).
9
If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.