Prospective

PART 3 E+W ENFORCEMENT AND INVESTIGATORY POWERS

Powers of enforcing authorities to give notices E+W

99 Appeal against prohibition notice E+W

(1) A person mentioned in subsection (2) may appeal to a residential property tribunal against a prohibition notice.

(2) The persons are—

(a) where the prohibition notice relates to a regulated building—

(i) an accountable person for the building or a person who is treated as an accountable person for the building by virtue of section 36;

(ii) a resident or owner of a residential unit in the building (including a part of the building that would be a residential unit but for regulations made under section 5(6)(a));

(iii) an occupier of any other premises that form part of the building;

(iv) an owner of the freehold estate in the building or any part of it;

(b) where the prohibition notice relates to a relevant HMO—

(i) a duty holder for the relevant HMO;

(ii) an occupier of the relevant HMO;

(iii) an owner of the freehold estate in the relevant HMO or any part of it.

(3) An appeal may be made at any time—

(a) before the prohibition or restriction imposed by the prohibition notice takes effect, or

(b) when the prohibition or restriction imposed by the notice is in effect.

(4) An appeal may be made on one or more of the following grounds—

(a) that the matters specified in the notice under section 98(4)(a) have not occurred;

(b) that those matters do not, and are not likely to, give rise to a fire safety risk that is so serious that use of the building or relevant HMO should be prohibited or restricted;

(c) that the prohibition or restriction imposed by the notice is unreasonable or excessive.

(5) Where an appeal is made against a prohibition notice—

(a) the appellant may apply to the tribunal for a direction that the notice is of no effect pending the final determination or withdrawal of the appeal, and

(b) unless and until such a direction is given, the prohibition notice continues to have effect despite the making of the appeal.

(6) On an appeal under this section, the tribunal may—

(a) uphold the prohibition notice,

(b) vary the notice, or

(c) quash the notice.

(7) The Welsh Ministers may by regulations amend the lists of persons in subsection (2) by—

(a) adding a person to a list,

(b) removing a person, or

(c) varying the description of a person.

Commencement Information

I1 S. 99 not in force at Royal Assent, see s. 138(2)