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The Assets of Community Value (England) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 2421
- SCHEDULE 2
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Regulation 10 and regulation 16
SCHEDULE 2E+WProcedure for listing review and compensation review
This schedule has no associated Explanatory Memorandum
Time for requesting a listing reviewE+W
1.—(1) Except as specified in sub-paragraph (2), a request for a listing review must be made in writing before the end of a period of eight weeks beginning with the day on which written notice of inclusion of the land in the list was given by the responsible authority under section 91(2) of the Act, or such longer period as the authority may in writing allow.
(2) Where the authority takes reasonable alternative steps to bring the notice to the attention of the owner in accordance with section 91(2), a request for a listing review must be made before the end of a period of eight weeks beginning with the day on which the authority completes the taking of those steps.
Commencement Information
I1Sch. 2 para. 1 in force at 21.9.2012, see reg. 1(1)
Time for requesting a compensation reviewE+W
2. A request for a compensation review must be made in writing before the end of a period of eight weeks beginning with the date on which the responsible authority provides the owner with written notification of its reasons in accordance with regulation 14(6), or such longer period as the authority may in writing allow.
Commencement Information
I2Sch. 2 para. 2 in force at 21.9.2012, see reg. 1(1)
Procedure for reviewsE+W
3. In the following provisions of this Schedule, “the review” means a listing review or a compensation review.
Commencement Information
I3Sch. 2 para. 3 in force at 21.9.2012, see reg. 1(1)
4. An officer of the authority of appropriate seniority who did not take any part in making the decision to be reviewed (“the reviewer”) shall carry out the review and make the review decision.
Commencement Information
I4Sch. 2 para. 4 in force at 21.9.2012, see reg. 1(1)
5.—(1) The owner may appoint any representative (whether legally qualified or not) to act on his or her behalf in connection with the review.
(2) The local authority must provide to the representative any document which is required to be sent to the owner, and need not provide that document separately to the owner.
Commencement Information
I5Sch. 2 para. 5 in force at 21.9.2012, see reg. 1(1)
6. As soon as is practicable following the written request for the review, the authority shall notify the owner of the procedure to be followed in connection with the review.
Commencement Information
I6Sch. 2 para. 6 in force at 21.9.2012, see reg. 1(1)
7.—(1) An oral hearing must be held at the owner’s written request.
(2) Where no written request for an oral hearing is made by the owner, the authority may decide whether or not to include an oral hearing in the review process.
Commencement Information
I7Sch. 2 para. 7 in force at 21.9.2012, see reg. 1(1)
8. Both the owner and the owner’s representative may make representations to the reviewer orally or in writing or both orally and in writing.
Commencement Information
I8Sch. 2 para. 8 in force at 21.9.2012, see reg. 1(1)
9. The authority must complete the review by the end of the period of eight weeks beginning with the date the authority receives the written request for the review, or such longer period as is agreed with the owner in writing.
Commencement Information
I9Sch. 2 para. 9 in force at 21.9.2012, see reg. 1(1)
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