Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Recovery of payment under section 18 | ||
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27. (1) Where any of the circumstances referred to in subsection (2) arise in relation to a relevant owner to whom a payment has been made under section 18 , a designated local authority shall issue a notice to the relevant owner stating— | ||
(a) the circumstance or circumstances that have arisen, and | ||
(b) that the amount of the payments made to the relevant owner under that section before the date of the notice is required to be paid to the designated local authority within 21 days of the date of the notice. | ||
(2) The circumstances are: | ||
(a) the relevant owner fails to provide a certificate of remediation to the designated local authority under section 18 ; | ||
(b) the designated local authority determines that— | ||
(i) the relevant owner has not complied with a condition of the remediation option grant referred to in section 17 (8), or | ||
(ii) it has made a payment to the relevant owner which it would not have made but for the submission of information to the designated local authority by the relevant owner which he or she knew to be false or misleading, or in relation to which he or she was reckless as to whether it was false or misleading; | ||
(c) the relevant owner refuses notwithstanding the consent referred to in section 13 (2)(a)(xi) to consent to entry to the relevant dwelling by an authorised officer of the designated local authority or the Housing Agency for the purposes of this Act; | ||
(d) the relevant owner is convicted of an offence under section 52 (1). | ||
(3) An amount stated to be due and owing under subsection (1) but not paid by a relevant owner to a designated local authority within the period specified in the notice given to the relevant owner under subsection (1) shall be recoverable by the designated local authority from the relevant owner as a simple contract debt in any court of competent jurisdiction. | ||
(4) A determination shall not be made under subsection (2)(b) unless the relevant owner has been given the opportunity to make representations to the designated local authority in relation to the intention of the designated local authority to make the determination. | ||
(5) The Minister may prescribe— | ||
(a) the form and content of a notice under subsection (1), | ||
(b) the procedure by which a determination under subsection (2)(b) may be made, and | ||
(c) the manner in which representations may be made under subsection (4). |