Housing Act 2004

Part 2E+WService of notices relating to revocation or variation of prohibition orders

Notice of revocation or variationE+W

3(1)This paragraph applies where the local housing authority decide to revoke or vary a prohibition order.E+W

(2)The authority must serve a notice under this paragraph on each of the persons on whom they would be required under Part 1 of this Schedule to serve copies of a prohibition order in respect of the specified premises.

(3)The notices required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.

(4)Paragraph 1(4) applies in relation to the service of notices on occupiers in accordance with sub-paragraphs (2) and (3) as it applies in relation to the service on them of copies of a prohibition order in accordance with paragraph 1(2)(a) and (3).

Commencement Information

I1Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

4E+WA notice under paragraph 3 must set out—

(a)the authority’s decision to revoke or vary the order;

(b)the reasons for the decision and the date on which it was made;

(c)if the decision is to vary the order—

(i)the right of appeal against the decision under Part 3 of this Schedule; and

(ii)the period within which an appeal may be made (see paragraph 10(2)).

Commencement Information

I2Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

Notice of refusal to revoke or vary orderE+W

5(1)This paragraph applies where the local housing authority refuse to revoke or vary a prohibition order.E+W

(2)The authority must serve a notice under this paragraph on each of the persons on whom they would be required under Part 1 of this Schedule to serve copies of a prohibition order in respect of the specified premises.

(3)The notices required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.

(4)Paragraph 1(4) applies in relation to the service of notices on occupiers in accordance with sub-paragraphs (2) and (3) as it applies in relation to the service on them of copies of a prohibition order in accordance with paragraph 1(2)(a) and (3).

Commencement Information

I3Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

6E+WA notice under paragraph 5 must set out—

(a)the authority’s decision not to revoke or vary the notice;

(b)the reasons for the decision and the date on which it was made;

(c)the right of appeal against the decision under Part 3 of this Schedule; and

(d)the period within which an appeal may be made (see paragraph 10(2)).

Commencement Information

I4Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)