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Housing Act 1964

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This is the original version (as it was originally enacted).

85Revocation of control order by higher tribunal on appeal from county court

(1)If on an appeal from the decision of the county court confirming a control order it is determined that the control order should be revoked, but the local authority satisfy the court hearing the appeal from the county court—

(a)that they are in the course of carrying out any works in the house which, if a control order were not in force, the local authority would have power to require some person to carry out under Part II of the Act of 1961, or under any other enactment relating to housing or public health, and

(b)that the carrying out of the works could not be postponed until the time when the control order could no longer be revoked by order of any court on an appeal against the control order because the works were urgently required for the sake of safety, welfare or health of persons living in the house, or other persons,

the court may suspend the revocation of the control order until the works have been completed.

(2)If on the hearing by a county court of an appeal against a control order the appellant indicates that an appeal may be brought against any decision of the county court confirming the control order, and that any works ought not to be works the cost of which the local authority can recover under section 80 of this Act unless the control order is confirmed on the further appeal, the county court may direct that any such works shall not be works the cost of which may be recovered under section 80 of this Act—

(a)if those works are begun before the time when the further appeal is finally determined, and

(b)if the control order is not confirmed on that further appeal.

(3)This section shall not apply to Scotland.

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