11.—(1) This regulation applies where an applicant requests a tribunal, as a matter of urgency—
(a)to deal with an application under paragraph 8(1E) (sale of mobile home) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act for the purposes of paragraph 8(1) or 9(1) (sale or gift of mobile home) of that Chapter; or
(b)to determine under section 4(2) (jurisdiction of a tribunal) of the 1983 Act the question whether it was reasonable for the owner not to approve a person for the purposes of paragraph 8(1) or 9(1) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act.
(2) Where a tribunal is satisfied, on the basis of evidence accompanying the application, that the exceptional circumstances mentioned in paragraph (3) exist, it must order that an oral hearing (an “urgent oral hearing”) be held.
(3) The exceptional circumstances are that—
(a)the site owner either—
(i)has not responded to the notice served on the site owner to approve a person under paragraph 8(1A) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act for the purposes of paragraph 8(1) or 9(1) of that Chapter; or
(ii)did not give approval for the purposes of paragraph 8(1) or 9(1) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act and the applicant considers that the site owner’s refusal was unreasonable;
(b)the person whom the applicant has asked the site owner to approve under paragraph 8 or 9 is ready, willing and able to become the occupier of the mobile home;
(c)the tribunal is satisfied that, subject to approval being given under paragraph 8 or 9, the purchase or gift of the mobile home and its assignment to that person will be completed with minimum delay; and
(d)the applicant has provided evidence to the tribunal indicating that—
(i)the site owner has previously unreasonably withheld approval under paragraph 8 or 9 in respect of a mobile home on a protected site belonging to that site owner; or
(ii)a person has previously declined to proceed with the purchase or gift of a mobile home on the protected site on which the mobile home is situated as a result of the actions or words of the site owner.
(4) The tribunal must as soon as practicable notify the parties and each interested person whose name and address have been notified to it—
(a)that the application is being dealt with as a matter of urgency under this regulation;
(b)of the reasons why it appears to the tribunal that the exceptional circumstances exist;
(c)of any requirement to be satisfied by a party before the hearing; and
(d)of the date of the urgent oral hearing.
(5) The date of the first urgent oral hearing must be set to take place not less than 4 days, and not more than 10 days, after the date on which notification of the urgent oral hearing is sent.
(6) At the urgent oral hearing the tribunal must—
(a)if it is satisfied upon hearing evidence that the exceptional circumstances exist, determine the application; or
(b)if it is not so satisfied—
(i)adjourn the hearing; and
(ii)give such directions as it considers appropriate.
(7) Where an urgent oral hearing set under paragraph (5) is adjourned, the next date set for any subsequent hearing must be not later than 7 days following the date of the previous adjournment.
(8) Where the tribunal orders an urgent oral hearing the notice provisions contained in the following regulations do not apply to the application—
(a)regulation 24(5) (notice for an inspection); and
(b)regulation 28(2) and (4) (notice of hearing).
(9) A single qualified member of the panel may—
(a)exercise the powers conferred by paragraph (2); and
(b)decide the date of any urgent oral hearing.