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Building Control Act 2007

Certain other jurisdiction of Appeals Board (Part 4 ).

41.— (1) If the Admissions Board fails to make a decision referred to in subsection (12) of section 30 within—

(a) unless paragraph (b) applies, the period specified in that subsection (12), or

(b) if that period has been extended under subsection (13) of that section, the period of that extension (or, if that period has been extended more than once under that subsection, the last period of such extension),

the applicant referred to in section 30 may make a complaint to the Appeals Board that such a failure has occurred.

(2) On the hearing of such a complaint and having given the Admissions Board an opportunity to be heard, the Appeals Board may, as it thinks appropriate—

(a) give a direction to the Admissions Board to make the decision concerned forthwith, or

(b) make itself a decision on the application concerned referred to in section 30 (and where the Appeals Board does so section 40 shall apply to such a decision as it applies to any other decision of the Appeals Board).