Part 2U.K.The regulator and its functions

Reviews and appealsE+W

25Review by regulator of certain decisions made by itE+W

(1)This section applies in relation to a prescribed decision of the regulator.

(2)A prescribed person may, before the end of a period prescribed for the purposes of this subsection, give a notice to the regulator requiring it to carry out a review of the decision in accordance with this section.

(3)A notice under subsection (2) must—

(a)contain prescribed information,

(b)be in the prescribed form, and

(c)be given in the prescribed way.

(4)The nature and extent of the review are to be such as appear to the regulator to be appropriate in the circumstances.

(5)The review must take account of any representations made, or information given, by the person at a stage which gives the regulator a reasonable opportunity to consider the representations or information (and may take account of any other information).

(6)On the conclusion of the review the regulator must either uphold or vary the decision.

(7)The regulator must notify the person of the outcome of the review and its reasoning before the end of a period prescribed for the purposes of this subsection or such other period as may be agreed in writing (“the relevant period”).

(8)Where the regulator is required to undertake a review but does not notify the person by the end of the relevant period—

(a)the review is treated as having concluded at the end of that period, and the regulator is treated as having upheld the decision, and

(b)the regulator must, as soon as reasonably practicable after the end of that period, notify the person of that fact.

(9)The decisions that may be prescribed under subsection (1) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—

(a)a decision made on an appeal to the regulator, or

(b)a decision to do any of the following—

(i)give a compliance notice under section 99 of this Act;

(ii)give a notice under section 35B, 35C or 36 of the Building Act 1984 (notices in respect of contraventions of building regulations etc);

(iii)make a disciplinary order under section 58I or 58U, or an order under section 58J or 58V, of that Act (misconduct of registered building inspector or building control approver);

(iv)give a notice under section 58Z4 or 58Z5, or act under section 58Z6 or 58Z7, of that Act (contravention of operational standards rules).

26Right of appeal: requirement for review before appealE+W

(1)This section applies to a right of appeal against a decision of a kind prescribed under subsection (1) of section 25.

(2)The right of appeal may be exercised only if the decision has been reviewed under that section.

(3)If on the conclusion of the review the decision is varied, the right of appeal is in respect of the decision as varied (and not the original decision).

(4)For the purpose of any time limit as regards the exercise of the right of appeal—

(a)the decision is treated as made on the day on which the review concludes, and

(b)a person is treated as notified of the decision on the day on which they are notified of the outcome of the review.