PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

CHAPTER 9REVIEWS AND APPEALS

64Review of reviewable decision

(1)

An affected person may request a review of a reviewable decision by giving notice to the building safety authority that made the decision in accordance with regulations made under subsection (2).

(2)

The Welsh Ministers‍ must by regulations make provision about—

(a)

how a notice of a request for a review must be given;

(b)

the form and content of a notice;‍

(c)

the deadline for giving a notice.

(3)

Regulations under subsection (2) may make provision—

(a)

about the documents (if any) that must be included with a notice;

(b)

for the building safety authority to extend the deadline for giving a notice.

(4)

A building safety authority must review a decision where it is requested to do so.

(5)

The nature and extent of the review are to be such as appear to the authority to be appropriate in the circumstances.

(6)

The review must take account of any representations made, or information or document given, by the affected person at a stage which gives the authority a reasonable opportunity to consider them (and may take account of any other information or document).

(7)

On the conclusion of the review, the authority must—

(a)

uphold the decision,

(b)

vary the decision, or

(c)

cancel the decision.

(8)

The authority must, before the end of the relevant period, give‍ all affected persons notice of the outcome of the review.

(9)

The notice must include—

(a)

the reasons for the outcome of the review, and

(b)

information about the right of appeal under section 65.

(10)

If the authority fail‍‍s, before the end of the relevant period, to give notice of the outcome of the review under subsection (7) to the affected person who requested the review—

(a)

the review is treated as having concluded at the end of the relevant period, and the authority is treated as having upheld the decision, and

(b)

the authority must, as soon as reasonably practicable after the end of that period, give‍ all affected persons notice of that fact.

(11)

The notice given under subsection (10)(b) must include information about the right of appeal under section 65.

(12)

In subsections (8) and (10), “relevant period” means—

(a)

the period specified in regulations made by the Welsh Ministers, or

(b)

such other period as may be agreed in writing between the authority and the affected person who requested the review.