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The Special Educational Needs and Disability (Northern Ireland) Order 2005
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- Northern Ireland Orders in Council
- 2005 No. 1117 (N.I. 6)
- SCHEDULE 3
- Joining lessors in proceedings...
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Changes over time for: Joining lessors in proceedings under Article 31
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The Special Educational Needs and Disability (Northern Ireland) Order 2005, Joining lessors in proceedings under Article 31 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- art. 22(1)(i)-(ii) substituted for words by 2016 c. 8 (N.I.) s. 12(1)
Joining lessors in proceedings under Article 31N.I.
3.—(1 )F1 In proceedings on a claim under Article 31, in a case to which this Schedule applies, the claimant or the responsible body concerned may ask the court to direct that the lessor be joined as a party to the proceedings.N.I.
(2 )F1 The request must be granted if it is made before the hearing of the claim begins.
(3) The court may refuse the request if it is made after the hearing of the claim begins.
(4) The request may not be granted if it is made after the court has determined the claim.
(5) If a lessor has been so joined as a party to the proceedings, the court may determine—
(a)whether the lessor has—
(i)refused consent to the alteration, or
(ii)consented subject to one or more conditions, and
(b)if so, whether the refusal or any of the conditions was unreasonable.
(6) If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
(a)make such a declaration as it considers appropriate;
(b)make an order authorising the responsible body to make the alteration specified in the order;
(c)order the lessor to pay compensation to the complainant.
(7) An order under sub-paragraph (6)(b) may require the responsible body to comply with conditions specified in the order.
(8) If the court orders the lessor to pay compensation it may not order the responsible body to do so.
F1mod. by SR 2005/371
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