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Local Government and Housing Act 1989

Status:

This is the original version (as it was originally enacted).

17(1)In section 269 (right of appeal against order), in subsection (2) after the word “premises” there shall be inserted “or part of the premises”.

(2)After that subsection there shall be inserted the following subsection—

(2A)Without prejudice to the generality of subsection (1), it shall be a ground of appeal—

(a)in the case of a closing order, that serving a repair notice under section 189 or making a demolition order under section 265 is the most satisfactory course of action; and

(b)in the case of a demolition order, that serving a repair notice under section 189 or making a closing order under section 264 is the most satisfactory course of action;

and, where the grounds on which an appeal is brought are or include that specified in paragraph (a) or paragraph (b), the court, on hearing the appeal, shall have regard to any guidance given to the local housing authority under section 604A.

(3)In subsection (3) of that section, paragraph (b) and the word “and” immediately preceding it shall be omitted.

(4)After that subsection there shall be inserted the following subsection—

(3A)Where an appeal is allowed against a closing or demolition order and the reason or one of the reasons for allowing the appeal is that specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (2A), the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect.

(5)Subsections (4) and (5) of that section shall cease to have effect.

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