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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

37Requests for exercise of powers under section 36 and appeals
This section has no associated Explanatory Notes

(1)A person in respect of whom an entry is made in the database under section 30 may request the responsible local housing authority to use its powers under section 36 to—

(a)remove the entry, or

(b)reduce the period for which the entry must be maintained.

(2)The request must be in writing.

(3)Where a request is made, the local housing authority must—

(a)decide whether to comply with the request, and

(b)give the person notice of its decision.

(4)If the local housing authority decides not to comply with the request the notice must include—

(a)reasons for that decision, and

(b)a summary of the appeal rights conferred by this section.

(5)Where a person is given notice that the responsible local housing authority has decided not to comply with the request the person may appeal to the First-tier Tribunal against that decision.

(6)An appeal to the First-tier Tribunal under subsection (5) must be made before the end of the period of 21 days beginning with the day on which the notice was given.

(7)The First-tier Tribunal may allow an appeal to be made to it after the end of that period if satisfied that there is a good reason for the person’s failure to appeal within the period (and for any subsequent delay).

(8)On an appeal under this section the tribunal may order the local housing authority to—

(a)remove the entry, or

(b)reduce the period for which the entry must be maintained.

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