Building Safety Act 2022
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Change 1
103 Appeals against compliance notice etc
(1) A person to whom a compliance notice has been given may appeal to the tribunal. (2) An appeal may be on the grounds— (a) that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement; (b) that it is unreasonable to require the person to do any thing specified to be done in the notice. (3) Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice— (a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and (b) the specified period mentioned in section 99(2)(a) is treated as extended by the period— (i) beginning with the day on which the appeal is made, and (ii) ending with the day on which the appeal is finally determined or withdrawn. (4) Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice— (a) the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and (b) unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal. (5) A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice. (6) Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1). (7) In this section “urgent action notice” has the meaning given by section 99(4).
103 Appeals against compliance notice etc
(1) A person to whom a compliance notice has been given may appeal to the tribunal. (2) An appeal may be on the grounds— (a) that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement; (b) that it is unreasonable to require the person to do any thing specified to be done in the notice. (3) Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice— (a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and (b) the specified period mentioned in section 99(2)(a) is treated as extended by the period— (i) beginning with the day on which the appeal is made, and (ii) ending with the day on which the appeal is finally determined or withdrawn. (4) Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice— (a) the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and (b) unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal. (5) A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice. (6) Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1). (7) In this section “urgent action notice” has the meaning given by section 99(4).
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