Housing and Building Control Act 1984

Section 57(1).

SCHEDULE 9 Sections Inserted After Section 65 of the 1936 Act

65A Obtaining of report where section 65 notice given.

(1) In any case where—

(a) a person to whom a section 65 notice has been given gives to the local authority by whom the notice was given notice in writing of his intention to obtain from a suitably qualified person a written report concerning work to which the section 65 notice relates, and

(b) such a report is obtained and submitted to the local authority and, as a result of their consideration of it, the local authority withdraw the section 65 notice,

the local authority may pay to the person to whom the section 65 notice was given such amount as appears to them to represent the expenses reasonably incurred by him in consequence of their having given him that notice including, in particular, his expenses in obtaining the report.

(2) Subject to subsection (3) of this section, if a person to whom a section 65 notice has been given gives notice under subsection (1)(a) of this section then, so far as regards the matters to which the section 65 notice relates, the reference to twenty-eight days in section 65(3) of this Act shall be construed as a reference to seventy days.

(3) Notice under subsection (1)(a) of this section shall be given before the expiry of the period of twenty-eight days referred to in subsection (3) of section 65 of this Act or, as the case may be, within such longer period as a court allows under that subsection; and where such a longer period has been so allowed before notice is given under subsection (1)(a) of this section, subsection (2) of this section shall not apply.

(4) In this section and in section 65B of this Act a “section 65 notice” means a notice under subsection (1) or subsection (2) of section 65 of this Act.

65B Appeals against section 65 notices.

(1) Any person aggrieved by the giving of a section 65 notice may appeal to a magistrates' court acting for the petty sessions area in which is situated land on which has been carried out any work to which the notice relates.

(2) Subject to subsection (3) below, on an appeal under this section the court shall,—

(a) if they determine that the local authority were entitled to give the notice, confirm the notice; and

(b) in any other case, give the local authority a direction to withdraw the notice.

(3) If, in a case where the appeal is against a notice under subsection (2) of section 65 of this Act, the court is satisfied that—

(a) the local authority were entitled to give the notice, but

(b) in all the circumstances of the case the purpose for which was enacted the section of this Act by virtue of which the notice was given has been substantially achieved.

the court may give a direction under subsection (2)(b) of this section.

(4) An appeal under this section shall be brought—

(a) within twenty-eight days of the giving of the section 65 notice; or

(b) in case where the person to whom the section 65 notice was given gives notice under subsection (1)(a) of section 65A of this Act, within seventy days of the giving of the section 65 notice.

(5) The procedure on appeal to a magistrates' court under this section shall be by way of complaint for an order and the [1980 c. 43.] Magistrates' Courts Act 1980 shall apply to the proceedings.

(6) Where an appeal is brought under this section—

(a) the section 65 notice shall be of no effect pending the final determination or withdrawal of the appeal; and

(b) subsection (3) of section 65 of this Act shall have effect in relation to that notice as if after the words “twenty-eight days” there were inserted the words “(beginning, in a case where an appeal is brought under section 65B of this Act, on the date when the appeal is finally determined or, as the case may be, withdrawn)”.

(7) If, on an appeal under this section, there is produced to the court a report which has been submitted to the local authority under subsection (1) of section 65A of this Act, the court, in making any order as to costs, may treat the expenses incurred in obtaining the report as expenses incurred for the purposes of the appeal.