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

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Determination of appeals

39. (1) An appeal may be made in respect of a decision made under section 13 (7)(b), 15 (1)(b), 16 (4), and subsections (7), (8) and (9) of section 18 and shall—

(a) be lodged with the Appeals Panel not later than 28 days after the date of the notification of the decision,

(b) be made in writing,

(c) state all of the grounds upon which the appeal is made,

(d) subject to subsection (2), be accompanied by the documents upon which the person making the appeal intends to rely in support of those grounds, and

(e) be accompanied by such written submissions as the person making the appeal intends to rely upon in support of the appeal.

(2) An appeal under subsection (1) may not be accompanied by documents other than documents which were considered by the designated local authority or the Housing Agency, or which were submitted to the designated local authority or the Housing Agency and ought to have been considered by the designated local authority or the Housing Agency in accordance with this Act, in making the decision the subject of the appeal.

(3) A party responding to an appeal shall—

(a) respond in writing,

(b) state all of the grounds upon which he or she responds to the appeal,

(c) subject to subsection (4), provide to the Appeal Board all of the documents upon which he or she intends to rely to support those grounds, and

(d) provide to the Appeal Board such written submissions as he or she intends to rely upon in support of those grounds.

(4) A response to an appeal may not be accompanied by documents other than documents which were considered by the designated local authority or the Housing Agency, or which were submitted to the designated local authority or the Housing Agency and ought to have been considered by the designated local authority or the Housing Agency, in accordance with this Act in making the decision the subject of the appeal.

(5) Written submissions referred to in subsection (1)(e) or (3)(d), or made by the party who made the appeal in reply to submissions referred to in subsection (3)(d), shall be limited to such submissions as are related to the grounds and documents referred to in paragraphs (c) and (d) of subsection (1) and paragraph (b) and (c) of subsection (3).

(6) Where it considers it necessary for the purposes of ensuring fair procedures in the consideration of an appeal, the Appeal Board may require a party to the appeal to provide the Appeal Board, within a period specified by it, such further information in writing as the Appeal Board considers necessary, and shall give any other party to the appeal the opportunity to make submissions in relation to that information.

(7) The Appeal Board may refuse to consider an appeal where—

(a) an appeal is not made in accordance with this section, or any regulations or rules made under section 40 , or

(b) it is of the opinion that the appeal is not made in good faith or is frivolous or vexatious.

(8) A decision by a majority of the members of an Appeal Board shall suffice for any purpose.

(9) In considering an appeal under this Part an Appeal Board shall have regard to—

(a) the expertise of the designated local authority, or the Housing Agency, as the case may be,

(b) the grounds, documents, and submissions referred to in subsections (1), (3) and (5), and

(c) any further information provided in response to a requirement under subsection (6), or submissions made in relation to such further information.

(10) Following consideration of the appeal, the Appeal Board shall—

(a) affirm the decision the subject of the appeal, or

(b) where the Appeal Board considers that a serious and significant error of law or fact, or a series of minor errors of law or fact which, when taken together, amount to a serious or significant error, was made by the designated local authority or the Housing Agency, annul the decision and—

(i) direct the designated local authority or the Housing Agency, as the case may be, to reconsider its decision in accordance with such directions as the Appeal Board may consider appropriate, or

(ii) replace the decision with such other decision as it considers it appropriate to make in accordance with this Act.

(11) The Appeal Board shall notify the parties to the appeal of its determination under subsection (10) as soon as practicable after it is made.

(12) In the case of a determination under subsection (10)(b)(i), the designated local authority or Housing Agency shall comply with a direction of the Appeal Board under that subsection.

(13) The Appeal Board may not award the costs or expenses of an appeal under this Part to any party.