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SCHEDULES

SCHEDULE 6E+WManagement orders: procedure and appeals

Part 3E+WAppeals against decisions relating to management orders

Right to appeal against making of order etc.E+W

24(1)A relevant person may appeal to [F1the appropriate tribunal] against—E+W

(a)a decision of the local housing authority to make an interim or final management order, or

(b)the terms of such an order (including, if it is a final management order, those of the management scheme contained in it).

(2)Except to the extent that an appeal may be made in accordance with sub-paragraphs (3) and (4), sub-paragraph (1) does not apply to an interim management order made under section 102(4) or (7) or in accordance with a direction given under paragraph 26(5).

(3)An appeal may be made under sub-paragraph (1)(b) on the grounds that the terms of an interim management order do not provide for one or both of the matters mentioned in section 110(5)(a) and (b) (which relate to payments of surplus rent etc.).

(4)Where an appeal is made under sub-paragraph (1)(b) only on those grounds—

(a)the appeal may be brought at any time while the order is in force (with the result that nothing in sub-paragraph (5) or paragraph 25 applies in relation to the appeal); and

(b)the powers of [F2the appropriate tribunal] under paragraph 26 are limited to determining whether the order should be varied by the tribunal so as to include a term providing for the matter or matters in question, and (if so) what provision should be made by the term.

(5)If no appeal is brought against an interim or final management order under this paragraph within the time allowed by paragraph 25 for making such an appeal, the order is final and conclusive as to the matters which could have been raised on appeal.

Textual Amendments

F1Words in Sch. 6 para. 24(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 185(a) (with Sch. 3)

F2Words in Sch. 6 para. 24(4)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 185(a) (with Sch. 3)

Commencement Information

I1 Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )