Pyrite Resolution Act 2013

Appeals to Board

27. (1) A decision of a decision maker under section 15 (6)(b) or section 18 (1)(a)(ii) may be appealed by the applicant to the Board within the period referred to in section 15 (8) or section 18 (2).

(2) An appeal under this section shall state the reasons for the appeal.

(3) The Board shall prescribe procedures for hearing and determining appeals in relation to—

(a) the form in which the appeal shall be made, including electronic form,

(b) the making of submissions, whether oral or written, to the Board,

(c) requests for further information by the Board, and

(d) examination by the Board of the applicant and any other person whom the Board considers appropriate.

(4) In considering an appeal under this section the Board shall consider all information furnished with the application, the recommendation of the Housing Agency, the reasons for the decision of the decision maker, written or oral submissions made by the applicant and any additional information furnished with the appeal or in response to a request by the Board for further information and shall decide to either—

(a) revoke the decision made under section 15 (6)(b) or section 18 (1)(a)(ii) and direct that the dwelling concerned is included in the pyrite remediation scheme, or

(b) affirm the decision made under section 15 (6)(b) or section 18 (1)(a)(ii).

(5) The Board shall notify the applicant and the decision maker of its decision within 21 days of the making of its decision, including reasons therefor and shall advise that it can be appealed to the High Court on a point of law within 28 days.