Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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Time limits for payment of remediation option grant

19. (1) Subject to subsection (3), a payment may only be made to a relevant owner under section 18 —

(a) where the works necessary to carry out the approved remediation option have commenced within 78 weeks from—

(i) the date of the notification under section 16 (9), or

(ii) where the relevant owner has made an appeal under Part 5 in respect of a decision under section 16 (4), and the Appeal Board has under section 39 affirmed the decision or annulled the decision and replaced the decision with such other decision as it considers appropriate, the date of the decision of the Appeal Board to affirm or annul and replace the decision,

and

(b) where an application is made under section 18 within 65 weeks from the date of commencement of the works notified under subsection (2).

(2) The relevant owner shall notify the designated local authority of the date of commencement of the works necessary to carry out the approved remediation option not more than 14 days and not less than 7 days before that date.

(3) A relevant owner may request the designated local authority to extend the period referred to in paragraph (a) or (b) of subsection (1) by a further period where, due to exceptional circumstances beyond the control of, and the exercise of all due diligence by, the relevant owner, there is a delay—

(a) in the case of the period referred to in that paragraph (a), in commencing the works within that period, or

(b) in the case of the period referred to in that paragraph (b), in making an application under section 18 within that period.

(4) A request under subsection (3) shall—

(a) be made more than 12 weeks before the expiry of the period referred to in paragraph (a) or (b) of subsection (1) in respect of which the request is made, and

(b) be accompanied by—

(i) a statement of the reasons for the delay, and

(ii) evidence of the exercise of due diligence by the relevant owner in seeking to avoid the delay.

(5) The designated local authority shall consider a request as soon as practicable after it is made and shall decide—

(a) where it is satisfied that exceptional circumstances beyond the control of, and the exercise of all due diligence by, the relevant owner, arise, to grant the extension, or

(b) where it is not satisfied that such circumstances arise, to refuse the extension.

(6) For the purpose of considering a request, the designated local authority may require the relevant owner to provide further information or documents within a specified period.

(7) Where the relevant owner fails to comply with a requirement under subsection (6), the relevant owner shall be deemed to have withdrawn the request under subsection (3).

(8) The further period referred to in subsection (3) shall be not more than 24 weeks from the expiry of the period referred to in paragraph (a) or (b) of subsection (1) in respect of which the request is made.

(9) The designated local authority shall notify the relevant owner of its decision under subsection (5) and the notification shall—

(a) include the reasons for the decision, and

(b) state that the relevant owner may request the designated local authority to review a decision under subsection (5)(b) within 14 days from the date of the decision.

(10) A relevant owner may request the designated local authority to conduct a review of a decision under subsection (5)(b).

(11) The employee of the designated local authority appointed by it to conduct the review referred to in subsection (10) shall not be the employee of the designated local authority who made the decision under subsection (5)(b), and shall be of a grade senior to the grade of that employee.

(12) The Minister may prescribe:

(a) the form and manner in which a notice shall be given under subsection (2);

(b) the form and manner in which a request may be made under subsection (3);

(c) the circumstances which may be considered exceptional circumstances under subsection (3) for the purposes of an extension of the period referred to in paragraph (a) or (b) of subsection (1);

(d) the documents or information which may be considered evidence under subsection (4)(b)(ii);

(e) the form and manner in which a review under subsection (10) may be requested and conducted.