Cases where no direction may be givenE+W
2E+WNeither the [F1appropriate national authority] nor a [F2local authority] [F2building control authority] shall give a direction to which this Schedule applies—
(a)if the [F2local authority] [F2building control authority] have, before the making of the application for the direction, become entitled under section 36(3) of this Act to pull down, remove or alter the work to which the application relates, or
(b)if, when the application is made, there is in force an injunction or other direction given by a court [F3or tribunal] that requires the work to be pulled down, removed or altered.
Textual Amendments
F1Words in Sch. 2 para. 2 substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 84(3); S.I. 2022/561, reg. 3(f), Sch. para. 49; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 33
F2Words in Sch. 2 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 84(2); S.I. 2023/993, reg. 2(n)(xxxiv)
F3Words in Sch. 2 para. 2(b) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 28; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)