The Housing (Northern Ireland) Order 1988

[F1 Procedure on a review N.I.

11B— (1) The Department may make provision by regulations as to the procedure to be followed in connection with a review under Article 11A. Nothing in the following provisions affects the generality of this power.

(2) Provision may be made by regulations—

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b) as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom the applicant may be represented at such a hearing.

(3) The Executive shall notify the applicant of the decision on the review.

(4) If the decision is to confirm the original decision on any issue against the interests of the applicant, the Executive shall also notify the applicant of the reasons for the decision.

(5) In any case the Executive shall inform the applicant of the right to appeal to the county court on a point of law, and of the period within which such an appeal must be made (see Article 11C).

(6) Notice of the decision shall not be treated as given unless and until paragraph (5), and where applicable paragraph (4), is complied with.

(7) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.

(8) The notice required to be given to a person under this Article shall be given in writing and shall, if not received by the person, be treated as given to the person only if it is made available for a reasonable period at the office of the Executive to which the person applied, for collection by or on behalf of that person.

(9) Regulations under this Article are subject to negative resolution.]

F1 Arts. 11A-11D and cross-headings inserted (1.12.2010) by Housing (Amendment) Act (Northern Ireland) 2010 (c. 9), ss. 5(1), 19(1); S.R. 2010/251, art. 3