Pyrite Resolution Act 2013
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Exceptional circumstances | ||
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17. (1) Where the Board is satisfied, whether— | ||
(a) on consideration by it of an application under section 15 , | ||
(b) on consideration of a recommendation of the Housing Agency under section 16 (2), or | ||
(c) otherwise, | ||
that exceptional circumstances exist such that the matters set out in subsection (2) may be disregarded by the Board, the Board may so disregard those matters and include a dwelling (in this section referred to as the “dwelling concerned”) which, but for this section, would not be so included, in the pyrite remediation scheme. | ||
(2) Each of the following matters may be disregarded by the Board under subsection (1): | ||
(a) the dwelling concerned is not affected by significant pyritic damage; | ||
(b) the dwelling concerned is owned by a person who on 12 December 2013 owns, whether or not jointly, more than one dwelling affected by significant pyritic damage; | ||
(c) the dwelling concerned is owned by a person who purchased the dwelling on or after 12 December 2013 who knew or ought to have known that the dwelling was constructed using hardcore containing reactive pyrite; | ||
(d) a dwelling, other than the dwelling concerned, owned by a person referred to in paragraph (b) has been included in the pyrite remediation scheme or a recommendation under section 16 (2)(b) has been made in relation to it by the Housing Agency. | ||
(3) For the purposes of subsection (1) exceptional circumstances means that the dwelling concerned adjoins one or more than one dwelling— | ||
(a) that has been included in the pyrite remediation scheme, or | ||
(b) in relation to which a recommendation has been made by the Housing Agency under section 16 (2)(a), | ||
and— | ||
(i) failure to include the dwelling concerned in the pyrite remediation scheme may result in damage to the dwelling concerned or to the dwelling or dwellings being remediated, or | ||
(ii) pyrite remediation is causing or may cause damage to the dwelling concerned. | ||
(4) The Board shall consider the report of at least one competent person as to the existence of exceptional circumstances before it shall be satisfied for the purposes of subsection (1). |