The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999

Initial procedure where the original decision was made under the Decisions on Referrals Order

7.—(1) Where the original decision under section 198(5) (whether the conditions are met for the referral of the case) was made under the Decisions on Referrals Order, a review of that decision shall, subject to paragraph (2), be carried out by a person appointed by the notifying authority and the notified authority.

(2) If a person is not appointed in accordance with paragraph (1) within five working days from the day on which the request for a review is made, the review shall be carried out by a person–

(a) from the panel constituted in accordance with paragraph 3 of the Schedule to the Decisions on Referrals Order (“the panel”), and

(b) appointed in accordance with paragraph (3) below.

(3) The notifying authority shall within five working days from the end of the period specified in paragraph (2) request the chairman of the Local Government Association or his nominee (“the proper officer”) to appoint a person from the panel and the proper officer shall do so within seven days of the request.

(4) The notifying authority and the notified authority shall within five working days of the appointment of the person appointed (“the appointed person”) provide him with the reasons for the original decision and the information and evidence on which that decision was based.

(5) The appointed person shall–

(a) send to the notifying authority and the notified authority any representations made under regulation 6; and

(b) invite those authorities to respond to those representations.

(6) The appointed person shall not be the same person as the person who made the original decision.

(7) For the purposes of this regulation a working day is a day other than Saturday, Sunday, Christmas Day, Good Friday or a bank holiday(1).

(1)

See section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 (c. 80).