SCHEDULE 2E+WModification of provisions of the 1990 Act

PART 4 E+WModification of section 37 of the 1990 Act

4.  Section 37 of the 1990 Act (appeals) applies as if—E+W

(a)for the heading there were substituted “ Appeals ”;

(b)for subsection (1) there were substituted—

(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 4(1) of, and Part 1 of Schedule 2 to, the 2020 Regulations, may appeal to the First-tier Tribunal.;

(c)subsection (2) were omitted;

(d)for subsection (3) there were substituted—

(3) The appeals procedure under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 M1 applies to appeals made under subsection (1).;

(e)subsection (4) were omitted;

(f)for subsection (5) there were substituted—

(5) The notice of appeal period under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1).;

(g)in subsection (6)—

(i)for “subsection (3) or (4)” there were substituted “ subsection (1) ”; and

(ii)in paragraph (a), for “a magistrates' court or to the sheriff” there were substituted “ the First-tier Tribunal ”.

Commencement Information

I1Sch. 2 para. 4 in force at 22.2.2020, see reg. 1(1)

Marginal Citations

M1S.I. 2009/1976, amended by S.I. 2010/43, 2653, 2011/651, 2012/500, 2013/477, 2014/2128, 2015/2059, 2017/1168, 2018/1053 and 2019/925.