SCHEDULES

SCHEDULE 2Procedure and appeals relating to prohibition orders

Part 2Service of notices relating to revocation or variation of prohibition orders

Notice of revocation or variation

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1

This paragraph applies where the local housing authority decide to revoke or vary a prohibition order.

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).

Annotations:
Commencement Information
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Sch. 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.)

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A 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)).

Annotations:
Commencement Information
I2

Sch. 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 order

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1

This paragraph applies where the local housing authority refuse to revoke or vary a prohibition order.

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).

Annotations:
Commencement Information
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Sch. 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.)

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A 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)).