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

Confirmation of eligibility

56. (1) Where an individual has engaged an engineer for the purposes of making an application under Regulation 8 but has not before the date of coming into operation of section 55 made the application, the individual may on or after that date make an application under section 13 and the application shall be considered in accordance with this Act, subject to the following modifications:

(a) the reference in subsections (2) and (9) of section 13 to a building condition assessment report shall be construed as a reference to the engineer’s report prepared by the engineer engaged by the individual;

(b) in section 16 (1), “may” shall be substituted for “shall”;

(c) the Housing Agency may, where it considers it appropriate, consider the engineer’s report to be a report referred to in section 16 (1).

(2) Where an individual has made an application under Regulation 8, but the relevant local authority has, before the date of coming into operation of section 55 , either not issued a confirmation of eligibility under Regulation 8(8) or decided not to issue a confirmation under Regulation 8(9), the application shall, on and after that date, be considered to be an application under section 13 , and shall be considered by the designated local authority in accordance with this Act, subject to the modifications referred to in subsection (1).