The Transfer of Tribunal Functions Order 2013 No. 1036

SCHEDULE 1 Consequential provisions – primary legislation

PART 1 Provisions consequential upon transfer of functions from rent assessment committees for areas in England

Housing Act 1985

48.  In paragraph 11 of Schedule 5(1) (exceptions to the right to buy)—

(a) in sub-paragraph (5A)(a) for “a residential property tribunal” substitute “the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal”;

(b) for sub-paragraph (5B) substitute—

“(5B) For appeals, see section 11 of the Tribunals, Courts and Enforcement Act 2007 (for decisions of the First-tier Tribunal) and section 65A of the Rent Act 1977 (for decisions of a rent assessment committee).”

(1)

Paragraph 11 of Schedule 5 was substituted by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 106. Sub-paragraphs (5A) and (5B) were inserted by section 181 of the Housing Act 2004 (c. 34). Sub-paragraph (5B) was further amended by section 310 of the Housing and Regeneration Act 2008 (c. 17) and by paragraph 176 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Provisions) Order 2009 (S.I. 2009/1307). The amendments inserting subsections (5A) and (5B) are not yet in force in Wales.