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

• (a) where the conditions referred to in section 17(8) have not been complied with,

• (b) in respect of any additional works, or

• (c) where an authorised officer is refused entry to the relevant dwelling for the purposes of subsection (16).

• (13) Without prejudice to subsection (12), the designated local authority shall refuse to make a part payment where—

• (a) the relevant owner fails to comply with subsection (3), or

• (b) the works carried out are not in accordance with the remedial works plan.

• (14) Without prejudice to subsection (12), the designated local authority shall refuse to make the final part payment of the increased grant or the payment of the whole of the increased grant where—

• (a) the relevant owner fails to comply with subsection (4), or

• (b) the works carried out are not sufficient to satisfy the approved remediation option.

• (15) Without prejudice to subsection (12), the designated local authority shall refuse to make a payment to a relevant owner referred to in subsection (5) where—

• (a) the relevant owner fails to comply with subsections (5) and (6), or

• (b) the works carried out are not in accordance with the remedial works plan.

• (16) For the purposes of determining whether or not to make a payment, or part payment, of an increased grant under this section, an authorised officer of the designated local authority may—

• (a) inspect the works carried out, or being carried out, to the relevant dwelling, and

• (b) make enquiries of such persons as he or she considers necessary.

• (17) Where the designated local authority refuses to make a payment of the increased grant under this section, it shall notify the relevant owner of the refusal and the reasons for the refusal.

• (18) A notification under subsection (17) shall state that the relevant owner may appeal the refusal in accordance with Part 5 within 90 days of the date of the notification.

• (19) The Minister may, for the purposes of this section, prescribe:

• (a) the form and manner in which an application under this section shall be made;

• (b) the evidence to be provided in an application under this section relating to prior payments for qualifying expenditure under section 18;

• (c) the form and content of interim valuation certificates;

• (d) the form and content of post works remedial works plans;

• (e) the form and content of final valuation certificates;

• (f) such other documents or information as the Minister may consider necessary to accompany an application for the purposes of this section.]

19. Time limits for payment of remediation option grant

19. (1) F16[Subject to subsections (1A) to (1C), (3) and (13), a payment may only be made to a relevant owner under section 18 or 18A, as the case may be]—

• (a) where the works necessary to carry out the approved remediation option have commenced within 78 weeks from—

• (i) the date of the notification under section 16(9), or

• (ii) where the relevant owner has made an appeal under Part 5 in respect of a decision under section 16(4), and the Appeal Board has under section 39 affirmed the decision or annulled the decision and replaced the decision with such other decision as it considers appropriate, the date of the decision of the Appeal Board to affirm or annul and replace the decision,

and

• (b) where an application is made F16[under section 18 or 18A, as the case may be, within 130 weeks] from the date of commencement of the works notified under subsection (2).

• F17[(1A) The period referred to in subsection (1)(b) shall not apply to an application for a payment under section 18A by a relevant owner referred to in subsection (5) of that section.

• (1B) The periods referred to in paragraphs (a) and (b) of subsection (1) shall be suspended from the date an application is made under section 23A(1) until—

• (a) in the case of a refusal under section 23A(5)(b), the later of—

• (i) the date of a notification under section 23A(7), or

• (ii) where the relevant owner has made an appeal under Part 5 in respect of that refusal, the date of the decision of the Appeal Board under section 39 to affirm that decision,

or

• (b) in the case of a refusal under section 23B(4)(b), the later of—

• (i) the date of a notification under section 23B(10), or

• (ii) where the relevant owner has made an appeal under Part 5 in respect of that refusal, the date of the decision of the Appeal Board under section 39 to affirm that decision.

• (1C) Subject to section 23B(10)(a)(ii), the periods referred to in paragraphs (a) and (b) of subsection (1) shall not apply to an application for payment referred to in clause (I) or (II) of section 23B(10)(a)(ii), following a notification under section 23B(10) that relates to an approval under section 23B(4)(a).]

• (2) The relevant owner shall notify the designated local authority of the date of commencement of the works necessary to carry out the approved remediation option not more than 14 days and not less than 7 days before that date.

• (3) A relevant owner may request the designated local authority to extend the period referred to in paragraph (a) or (b) of subsection (1) by a further period where, due to exceptional circumstances beyond the control of, and the exercise of all due diligence by, the relevant owner, there is a delay—

• (a) in the case of the period referred to in that paragraph (a), in commencing the works within that period, or

• (b) in the case of the period referred to in that paragraph (b), in making an application under F16[section 18 or 18A, as the case may be,] within that period.

• (4) A request under subsection (3) shall—

• (a) be made more than F16[2 weeks] before the expiry of the period referred to in paragraph (a) or (b) of subsection (1) in respect of which the request is made, and

• (b) be accompanied by—

• (i) a statement of the reasons for the delay, and

• (ii) evidence of the exercise of due diligence by the relevant owner in seeking to avoid the delay.

• (5) The designated local authority shall consider a request as soon as practicable after it is made and shall decide—

• (a) where it is satisfied that exceptional circumstances beyond the control of, and the exercise of all due diligence by, the relevant owner, arise, to grant the extension, or

• (b) where it is not satisfied that such circumstances arise, to refuse the extension.

• (6) For the purpose of considering a request, the designated local authority may require the relevant owner to provide further information or documents within a specified period.

• (7) Where the relevant owner fails to comply with a requirement under subsection (6), the relevant owner shall be deemed to have withdrawn the request under subsection (3).

• (8) The further period referred to in subsection (3) shall be not more than 24 weeks from the expiry of the period referred to in paragraph (a) or (b) of subsection (1) in respect of which the request is made.

• (9) The designated local authority shall notify the relevant owner of its decision under subsection (5) and the notification shall—

• (a) include the reasons for the decision, and

• (b) state that the relevant owner may request the designated local authority to review a decision under subsection (5)(b) within 14 days from the date of the decision.

• (10) A relevant owner may request the designated local authority to conduct a review of a decision under subsection (5)(b).

• (11) The employee of the designated local authority appointed by it to conduct the review referred to in subsection (10) shall not be the employee of the designated local authority who made the decision under subsection (5)(b), and shall be of a grade senior to the grade of that employee.

• (12) The Minister may prescribe:

• (a) the form and manner in which a notice shall be given under subsection (2);

• (b) the form and manner in which a request may be made under subsection (3);

• (c) the circumstances which may be considered exceptional circumstances under subsection (3) for the purposes of an extension of the period referred to in paragraph (a) or (b) of subsection (1);

• (d) the documents or information which may be considered evidence under subsection (4)(b)(ii);

• (e) the form and manner in which a review under subsection (10) may be requested and conducted.

• F17[(13) Where, before the date of the coming into operation of section 12(a)(ii) of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025, the designated local authority refused a request to extend the period referred to in subsection (1)(b), the relevant owner may, notwithstanding subsection (1)(b), make an application for a payment under section 18 or 18A, as the case may be, not later than 65 weeks after the date of the coming into operation of the said section 12(a)(ii).]

20. Certificate of remediation

20. (1) A certificate of remediation shall certify that on a date stated in the certificate, on or before the date on which the certificate is signed—

• (a) the approved remediation option was completed as described in the post works remedial works plan,

• (b) any additional works are completed, and

• (c) the approved remediation option and any additional works are completed in compliance with the requirements of the Second Schedule to the Building Regulations 1997 (S.I. No. 497 of 1997).

• (2) A certificate of remediation shall—

• (a) be signed by—

• (i) the contractor who carried out and supervised the works the subject of the certificate, and

• (ii) where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional who designed and inspected the works the subject of the certificate, or for any other approved remediation option, the competent engineer who designed and inspected the works the subject of the certificate,

• (b) have appended to it the post works remedial works plan, and

• (c) be in such form and manner as may be prescribed.

21. Letter of assurance

21. (1) Subject to subsections (2) and (3), a designated local authority shall issue a letter of assurance to a relevant owner following receipt by the designated local authority of a post works remedial works plan and a certificate of remediation under F18[section 18 or 18A, as the case may be].

• (2) A letter of assurance shall be issued where—

• (a) the approved remediation option, or any additional works completed by the relevant owner, did not result in the demolition of the relevant dwelling and the reconstruction of the dwelling, and

• (b) the designated local authority is satisfied that the certificate of remediation is in accordance with section 20.

• (3) A letter of assurance shall not be issued in respect of a second grant given under and in accordance with section 25.

• (4) A letter of assurance shall state—

• (a) that a certificate of remediation has been provided under F18[section 18(3) or 18A(4), as the case may be].

• (b) that the owner of the relevant dwelling may make an application under section 25, and

• (c) such other matters as may be prescribed for the purposes of this section.

22. Ancillary grant applications

22. F19[(1) Where a remediation option grant is approved under section 16(4)(a), the relevant owner concerned may apply to the designated local authority for an ancillary grant.]

• (2) F19[Subject to subsection (2A), an ancillary grant] referred to in subsection (1) may be approved in respect of costs incurred by a relevant owner for the purposes referred to in paragraph (a), (b) or (c) of section 10(2) before or after the making of an application under section 13.

• F20[(2A) Where an adjacent remediation option has been approved under section 22A(6)(a), an ancillary grant shall only be approved in respect of costs incurred by the relevant owner for the purposes referred to in section 10(2)(c).]

• (3) An application for a grant referred to in paragraph (a) or (b) of section 10(2) shall be accompanied by—

• (a) details of the alternative accommodation or storage in respect of which the application is made,

• (b) the estimated or actual cost, as the case may be, of the alternative accommodation or storage,

• (c) such other documents or information as may be prescribed.

• (4) The designated local authority shall consider an application referred to in subsection (3) and may approve a grant, calculated in accordance with section 10 or any order made under section 11, where it is satisfied that—

• (a) where the application is for a grant referred to in section 10(2)(a), the relevant owner is not a relevant owner by virtue of section 9(3)(b).

• (b) the application is made in accordance with subsection (3).

• (c) the matters referred to in subsection (3)(b) are sufficiently evidenced, and

• (d) the relevant owner has complied with such further conditions as may be prescribed.

• (5) Where a relevant owner makes an application for a grant referred to in section 10(2)(c) the application shall be accompanied by—

• (a) a report from a competent building professional—

• (i) stating that in his or her opinion immediate repairs to the relevant dwelling are or were necessary, and

• (ii) describing the immediate repairs completed, or which the relevant owner proposes to complete,

• (b) the estimated or actual cost, as the case may be, of the immediate repairs, and

• (c) such other documents or information as may be prescribed.

• (6) The designated local authority shall consider an application referred to in subsection (5) and may approve a grant, calculated in accordance with section 10 or any order made under section 11, where it is satisfied that—

• (a) the application is made in accordance with subsection (5).

• (b) the repairs in respect of which the application is made are immediate repairs,

• (c) the matters referred to in subsection (5)(b) are sufficiently evidenced, and

• (d) the relevant owner has complied with such further conditions as may be prescribed.

• (7) A relevant owner approved for an ancillary grant under subsection (4) or (6) may apply to the designated local authority for a payment of the grant and any payment of the grant made by the designated local authority shall not exceed the lesser of—

• (a) the actual combined cost of the alternative accommodation, storage or immediate repairs the subject of the grant, F19[or]

• (b) the total amount of the grant or grants approved under subsection (4) or (6) F20[, subject to any reduction made under section 10(4B)].

• (8) The Minister may prescribe—

• (a) the form and manner in which an application may be made under this section, and

• (b) the procedure for the payment of ancillary grants under subsection (7).

22A. F21[Application for an adjacent remediation option

22A.(1) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may apply to the designated local authority for approval to construct a new dwelling in the curtilage of the relevant dwelling (in this section referred to as an “adjacent remediation option”) to replace the approved remediation option.

• (2) A relevant owner may only make an application under subsection (1) where—

• (a) the relevant dwelling was adapted for the accommodation of a person who has a disability, and

• (b) the works necessary to carry out the approved remediation option have not commenced.

• (3) An application under subsection (1) shall—

• (a) be made in such form and manner as may be prescribed, and

• (b) be accompanied by—

• (i) such evidence as may be prescribed of the matters referred to in paragraphs (a) and (b) of subsection (2), and

• (ii) such other documents or information as may be prescribed for the purposes of the application.

• (4) The designated local authority may require the relevant owner—

• (a) to provide, in writing, within 90 days of the date of the requirement, such further information or documents relating to the application as the designated local authority may consider necessary, and

• (b) to facilitate, within 90 days of the date of the requirement, an inspection of the dwelling by an authorised officer of the designated local authority.

• (5) Where an applicant does not comply with a requirement under subsection (4), the application under subsection (1) shall be considered to have been withdrawn.

• (6) The designated local authority shall consider the application under subsection (1) and shall—

• (a) approve an adjacent remediation option where it is satisfied that—

• (i) the relevant dwelling was adapted for the accommodation of a person who has a disability, and

• (ii) the eligibility requirements, prescribed under subsection (11)(a), have been met,

or

• (b) where it is not satisfied that the requirements pursuant to paragraph (a) have been met, refuse to approve the adjacent remediation option.

• (7) Where an adjacent remediation option is approved under subsection (6)(a), the remediation option grant calculated in accordance with section 10 and approved under section 16(4)(a)(ii) may be paid to the relevant owner under section 18 for the purpose of completing the adjacent remediation option.

• (8) The designated local authority shall, as soon as practicable, notify the relevant owner of the decision under subsection (6), and the reasons for the decision, and the notification shall—

• (a) where it relates to a decision under subsection (6)(a), state that the relevant owner shall—

• (i) obtain permission prior to commencing works to satisfy the adjacent remediation option,

• (ii) comply with section 17, subject to the modifications referred to in subsection (10), and

• (iii) provide a certificate of demolition in respect of the relevant dwelling to the designated local authority within 12 months of the date of the final payment of the remediation option grant under section 18,

and

• (b) state that the relevant owner may appeal the decision in accordance with Part 5 within 90 days of the date of the notification.

• (9) Subject to the modifications referred to in subsection (10) and any other necessary modifications, an adjacent remediation option shall for the purposes of this Act, be deemed to be an approved remediation option under section 16(4)(a)(i) and this Act shall apply accordingly.

• (10) The modifications are:

• (a) in section 17:

• (i) the reference in subsection (1) to “a notification under section 16(9) which relates to a decision under section 16(4)(a)” shall be construed as a reference to “a notification under section 22A(8) which relates to a decision under section 22A(6)(a)”;

• (ii) subsection (5) shall be construed as if the following subsection were substituted for that subsection:

• “(5) Where an adjacent remediation option is approved under section 22A(6)(a) and the remedial works plan provided under subsection (1) indicates that the internal floor area of the new dwelling which the relevant owner proposes to construct is a reduction of the internal floor area of the relevant dwelling, the designated local authority shall reduce the amount of the remediation option grant approved by the Housing Agency under section 16(4) proportionately.”

• (iii) subsection (8) shall be construed as if the following paragraphs were substituted for paragraphs (b) and (c):

• “(b) satisfy the designated local authority that he or she has obtained permission for the adjacent remediation option and the demolition of the relevant dwelling and any additional works, if required,

• (c) complete the adjacent remediation option, and”

• (b) in section 18:

• (i) the reference in subsection (5)(b) to “where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling” shall be construed as a reference to “where an adjacent remediation option has been approved under section 22A(6)(a)”;

• (ii) the reference in subsection (6)(b) to “where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling” shall be construed as a reference to “where an adjacent remediation option has been approved under section 22A(6)(a)”;

• (c) in section 19(1)(a):

• (i) the reference in subparagraph (i) to “the notification under section 16(9)” shall be construed as a reference to “the notification under section 22A(8)”;

• (ii) the reference in subparagraph (ii) to “a decision under section 16(4)” shall be construed as a reference to “a decision under section 22A(6)”;

• (d) in section 20:

• (i) the reference in subsection (1)(b) to “any additional works are completed” shall be construed as a reference to “any additional works, other than the demolition of the relevant dwelling, are completed”;

• (ii) the reference in subsection (2)(a)(ii) to “where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling” shall be construed as a reference to “where the approved remediation option is the construction of a new dwelling, approved under section 22A(6)(a)”;

• (e) section 21(2) shall be construed as if the following paragraph were substituted for paragraph (a):

• “(a) the approved remediation option, or any additional works completed by the relevant owner, did not result in the construction of a new dwelling, and”.

• (11) The Minister may prescribe—

• (a) the eligibility requirements for an adjacent remediation option, including—

• (i) the class of person who qualifies under subsection (2)(a),

• (ii) the residence of that person in the relevant dwelling and in the new dwelling to be constructed, and

• (iii) the nature of the adaptations to the relevant dwelling,

• (b) the form and manner in which a requirement may be made under subsection (4),

• (c) the standards by reference to which inspections by authorised officers for the purposes of this section are to be carried out,

• (d) matters to which a designated local authority is to have regard in making a decision under subsection (6),

• (e) the form and manner in which a notification may be given under subsection (8),

• (f) the content of a demolition certificate,

• (g) the inspection of the demolition of the relevant dwelling by a competent building professional, and

• (h) the form and manner in which a demolition certificate shall be provided to the designated local authority.

• (12) In this section—

“curtilage” means the area immediately surrounding or adjacent to the relevant dwelling and used in conjunction with the dwelling;

“disability” has the same meaning as it has in the Disability Act 2005;

“permission” has the meaning given to it by section 28.]

23. Application for revised approval

23. (1) Where the Housing Agency approves an approved remediation option and remediation option grant under section 16(4)(a) (in this section referred to as the “first approval”) and the approved remediation option is not the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may, after the date of commencement of the works notified under section 19, apply to the designated local authority for approval of a revised remediation option and grant by the Housing Authority under subsection (4) (in this section referred to as a “revised approval”).

• (2) An application under subsection (1) shall be accompanied by a report from a competent engineer which states that, in the opinion of the competent engineer, there has been, since the date of the first approval, an unforeseen and material deterioration in the condition of the blocks which were to be retained in the relevant dwelling in accordance with the approved remediation option, such that a revised approval is necessary to remedy the damage caused to the dwelling by the use of defective concrete blocks in its construction.

• (3) The designated local authority shall refer the application to the Housing Agency for its consideration where the designated local authority is satisfied that the application is made in accordance with subsections (1) and (2) and any regulations made under subsection (10).

• (4) Where the Housing Agency is satisfied that there has been an unforeseen and material deterioration in the condition of the blocks which were to be retained in the relevant dwelling in accordance with the approved remediation option, such that a revised approval is necessary to remedy the damage caused by the use of defective concrete blocks in its construction, it shall approve—

• (a) in accordance with any regulations made under section 12, a revised remediation option, or revised combination of remediation options, to remedy the damage, and

• (b) in accordance with section 10, or any order made under section 11, a revised remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing the revised remediation option, or revised combination of remediation options.

• (5) The Housing Agency shall, for the purposes of the revised approval, consider an application referred under subsection (3) and may—

• (a) require an authorised officer to exercise such powers as are referred to in section 43 that it considers necessary for that purpose, or

• (b) consult with such persons as it considers necessary.

• (6) A revised remediation option under subsection (4)(a) shall not include the demolition of the relevant dwelling and the reconstruction of the dwelling.

• (7) A revised remediation option grant under subsection (4)(b) shall not exceed the amount of the remediation option grant which could have been approved under section 16(4)(a) in respect of the revised remediation option (were the revised remediation option the approved remediation option the subject of the first approval) at the date of the first approval.

• (8) Subject to the F22[modifications] referred to in subsection (9) and any other necessary F22[modifications], a revised approval shall be deemed to be an approval under section 16(4)(a) for the purposes of this Act.

• F22[(9) The modifications are:

• (a) the reference in section 17A(1)(a) to “a notification under section 16(9) which relates to a decision under section 16(4)(a)” shall be construed as a reference to “a revised approval”;

• (b) the period referred to in section 19(1)(b) shall continue to apply as if the revised approval was made on the date of the first approval.]

• (10) The Minister may prescribe the form and manner in which an application is to be made and considered under this section.

23A. F23[Application for review of approved remediation option

23A. … ]

23B. F24[Consideration by Housing Agency of application for updated remediation option and grant

23B. … ]

24. Change of relevant owner

24. (1) Where a relevant owner of a dwelling dies after the making of a decision under section 13(7), the legal personal representative of the relevant owner shall, as soon as practicable, notify the designated local authority of the death and may notify the designated local authority that a person who has inherited or will inherit the dwelling wishes to be considered the relevant owner of the dwelling for the purposes of this Act.

• (2) Where the designated local authority receives a notification referred to in subsection (1) —

• (a) it shall notify the legal personal representative that he or she shall be considered the relevant owner until the designated local authority is satisfied as to the matter referred to in paragraph (b), and

• (b) where it is satisfied that the person referred to in subsection (1) is entitled to own the relevant dwelling as a result of the death of the relevant owner, that person shall be considered to be a relevant owner of the relevant dwelling for the purposes of this Act and the designated local authority shall notify the person of that fact.

• (3) Where a notification is made under subsection (1), the making of the notification shall be considered an exceptional circumstance for the purpose of section 19 and the designated local authority shall issue a decision under section 19(5)(a) granting the extension referred to in that subsection for the further period referred to in section 19(8), or such other period as the designated local authority considers appropriate in the circumstances.

• (4) An individual, other than the relevant owner who made the application under section 13, may, after the making of a decision under section 13(7) in respect of the application notify the designated local authority that he or she wishes to be considered a relevant owner of the dwelling for the purposes of this Act.

• F25[(4A) Notwithstanding section 9(2)(a), an individual shall be regarded as a relevant owner for the purposes of a notification under subsection (4) if he or she—

• (a) is an individual who is—

• (i) married to a relevant owner of a relevant dwelling,

• (ii) a civil partner of a relevant owner of a relevant dwelling, or

• (iii) a cohabitant of a relevant owner of a relevant dwelling,

and

• (b) became a joint owner of the relevant dwelling on or after 31 January 2020.]

• (5) The designated local authority shall consider a notification referred to in subsection (4) and where it is satisfied that the individual who made the notification has complied with any regulations made under subsection (6) and is a relevant owner of the dwelling, the individual shall be considered a relevant owner of the dwelling for the purposes of this Act and the designated local authority shall notify him or her of that fact.

• (6) The Minister may, for the purposes of this section, make regulations providing for:

• (a) the form and manner in which a notification may be made under subsection (1) or (4);

• (b) the matters which a designated local authority shall require to accompany the notification in order to satisfy itself that the person referred to in subsection (2) is entitled to own the dwelling or that the individual referred to in subsection (5) is a relevant owner of the relevant dwelling;

• F25[(ba) the documents or information which may be considered evidence of the matters referred to in paragraphs (a) and (b) of subsection (4A);]

• (c) amendment of the periods referred to in section 19;

• (d) the making and consideration of notifications under subsection (1) or (4).

• F25[(7) In this section—

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“civil partner” shall be construed in accordance with section 3 of the Act of 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010.]

25. Application for second grant

25. (1) Where a letter of assurance has been issued in respect of a relevant dwelling, a person who owns the relevant dwelling may, subject to this section and any regulations made under subsection (8), apply for a second remediation option grant and an ancillary grant (in this Act referred to as a “second grant”) in respect of the dwelling in accordance with this Part.

• (2) A second grant may be given where the Housing Agency is satisfied that, notwithstanding the completion of an approved remediation option (whether or not any additional works were carried out), the relevant dwelling has been damaged by defective concrete blocks retained in the relevant dwelling.

• (3) A second grant shall not be given where the damage referred to in subsection (2) was caused by any act or omission of any person in the course of carrying out the approved remediation option, or any additional works.

• (4) A person may apply for a second grant notwithstanding that he or she is not a relevant owner under section 9, subject to the condition that the person may only receive a second grant in relation to—

• (a) one relevant dwelling which he or she uses as his or her principal private residence, and

• (b) one relevant dwelling where he or she is a landlord of a tenancy in the relevant dwelling.

• (5) A person shall not be given a second grant in respect of a relevant dwelling—

• (a) on the ground referred to in subsection (4)(a), where a member of his or her household has previously, in respect of a different relevant dwelling, been given a second grant on that ground, or

• (b) on the ground referred to in subsection (4)(b), where a member of his or her household has previously, in respect of a different relevant dwelling, been given a second grant on that ground.

• (6) An application for a second grant may be made within the period of 40 years beginning on the date of the letter of assurance.

• (7) The Minister may prescribe—

• (a) procedures and conditions, additional to those under this Part that continue to apply to the making of applications for second grants, for the making of those applications, and

• (b) without prejudice to the generality of paragraph (a), standards by reference to which a relevant dwelling is required to be maintained following the issuing of a letter of assurance in relation to it, in order for a person who owns the dwelling to be eligible for a second grant in respect of the dwelling.

• (8) In making regulations under subsection (7), the Minister shall have regard to—

• (a) the adequacy of remediation options to remedy damage to dwellings caused by the use of defective concrete blocks in their construction,

• (b) the economic circumstances of the State prevailing at the time of the making of the regulations, and the demands on the State’s financial resources which may occur during the period the regulations shall remain in effect, and

• (c) such standards made by the National Standards Authority of Ireland as he or she considers appropriate.

• (9) In this section, “member of his or her household”, in relation to a person referred to in subsection (5), means an individual with whom the person lives in a relevant dwelling and the individual has, in the opinion of the designated local authority, a reasonable requirement to live with the person.

PART 3 Matters consequent on grant

Chapter 1 Certain matters consequent on grant

26. Refund of compensation

26. (1) F26[Where a remediation option grant, an increased grant or an updated remediation option grant is not reduced under section 16(8), 17A(8) or 23B(9), as the case may be,] but a relevant owner receives monies from another person other than under this Act in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the relevant owner shall give notice to the designated local authority of the receipt of the monies and the amount of the monies within 28 days of receiving them.

• (2) Where a designated local authority receives a notice referred to in subsection (1), and the relevant owner has received a payment under F26[section 18 or 18A, as the case may be], the designated local authority shall give notice to the relevant owner stating that the amount referred to in subsection (3) is due and payable.

• (3) On the giving of the notice under subsection (2) the relevant owner shall be immediately liable to pay to the designated local authority the lesser of—

• (a) an amount equal to the total payments received by the relevant owner under F26[sections 18 and 18A], and

• (b) an amount equal to the monies received other than under this Act referred to in subsection (1).

• (4) If the relevant owner does not pay the amount specified in the notice under subsection (2) within 21 days of the giving of the notice, the designated local authority shall refuse to make any further payments to the relevant owner under F26[section 18 or 18A].

• (5) Any amount not paid to the designated local authority under subsection (3) shall be recoverable by the designated local authority as a simple contract debt in a court of competent jurisdiction.

• (6) The designated local authority shall retain any monies received or recovered by it under this section and shall dispose of the monies in accordance with such directions as may be given by the Minister following consultation with the Minister for Public Expenditure and Reform.

27. Recovery of payment under section 18

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 F27[section 18 or 18A], as the case may be, 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 F27[section 18 or 18A, as the case may be];

• (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;

• F28[(ca) the relevant owner fails to demolish the relevant dwelling and to provide a certificate of demolition pursuant to section 22A(8)(a)(iii);]

• (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).

28. Exempted development

28. (1) F29[Subject to subsections (2), (3) and (3A)], and section 4(4) of the Act of 2000, development consisting of the completion of an approved remediation option shall be exempted development within the meaning of, and for the purposes of, that Act.

• (2) The development referred to in subsection (1) shall only be exempted development where, on its completion, it is not inconsistent with, or materially different from, the appearance and character of the relevant dwelling in respect of which the approved remediation option is to be or has been completed.

• (3) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling and any permission granted in respect of the relevant dwelling under section 34 of the Act of 2000 is subject to conditions under that section, the conditions shall continue to apply to the relevant dwelling.

• F30[(3A) Subsection (1) shall not apply to development consisting of the completion of an adjacent remediation option that has been approved under section 22A(6)(a).]

• (4) In this section—

“development” has the meaning it has in the Act of 2000;

“permission” has the meaning it has in the Act of 2000.

29. Assignment and subrogation of claims to Minister

29. (1) Where a relevant owner receives a payment under F32[section 18, 18A or 22, as the case may be,] all rights of action which the relevant owner has against any other person, or the estate of any other person, for damage to the relevant dwelling caused by the use of defective concrete blocks in its construction shall, to the amount of the payment and from the date of the making of the payment, be assigned to and vest in the Minister.

• (2) Without prejudice to subsection (1), the Minister shall, to the amount of the payment referred to in subsection (1) be subrogated to all rights or remedies to which a relevant owner is entitled in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction.

• (3) Every right of action vested in the Minister under subsection (1) may, on and from the date on which it is so vested, be sued on, recovered or enforced by the Minister in his or her own name, and it shall not be necessary for the Minister, to give notice to any person bound by the right of action of the vesting effected by that subsection.

• (4) The Minister may request, without prejudice to section 13, the relevant owner to provide the Minister with such information or documents as he or she considers necessary for the purposes of exercising any right of action which vests in him or her under subsection (1), or protecting any right or remedy subrogated to him or her under subsection (2).

• (5) The Minister may, for the purpose of exercising any right of action vested in him or her under subsection (1) or protecting any right or remedy subrogated to him or her under subsection (2), require the relevant owner to execute all documents (including the verification by the relevant owner of any document by affidavit) or take any other step as may, in the opinion of the Minister, be necessary for that purpose.

Chapter 2 Charging orders consequent on grant to landlord

30. Definitions for Chapter 2

30. In this Chapter—

“anniversary” has the meaning given to it by section 31(3);

F33[“charged amount” means the first charged amount or, if applicable, the second charged amount;]

F33[“charging order” means the first charge or, if applicable, the second charge;]

F34[“first charge” means an order made under section 31(1);]

F34[“first charged amount” means the amount referred to in section 31(2);]

“incremental release” has the meaning given to it by section 31(3);

“reduced charged amount” means the charged amount less the amount of any incremental releases applied to the charged amount under this Chapter;

F33[“relevant date” means 1 January in the year immediately following the year in which the designated local authority made the later of—

• (a) the final part payment of a remediation option grant, or the payment of the whole of the remediation option grant, to the relevant owner under section 18, or

• (b) the final part payment of an increased grant, or the payment of the whole of the increased grant, to the relevant owner under section 18A, or

• (c) the final payment of an ancillary grant under section 22;]

“relevant event” means a relevant event referred to in section 32;

“relevant owner” has the meaning given to it by [F33section 31(1);]

F34[“retrospective payment” has the meaning given to it by section 31(1A);]

F34[“second charge” means an order made under section 31(1A);]

F34[“second charged amount” means the amount referred to in section 31(2A).]

31. Charging orders

31. F35[(1) The designated local authority shall make an order charging a relevant dwelling in the terms specified in this section as soon as practicable after the designated local authority makes the later of—

• (a) the final part payment of a remediation option grant, or a payment of the whole of a remediation option grant under section 18,

• (b) the final part payment of an increased grant, or the payment of the whole of the increased grant under section 18A, or

• (c) the final payment of an ancillary grant under section 22,

to a person who is a relevant owner by virtue of section 9(3)(b) (in this Chapter referred to as a “relevant owner”).]

• F36[(1A) Where the designated local authority makes a payment under section 18A to a relevant owner who is a person referred to in section 18A(5) (in this Chapter referred to as a “retrospective payment”), after the date that the first charge is deemed to have been executed under section 34(2), the designated local authority shall make a second order charging the relevant dwelling in the terms specified in this section as soon as practicable after it makes the retrospective payment.]

• F35[(2) Subject to subsections (2A) and (3), a first charge shall create a charge over the relevant dwelling in favour of the designated local authority in the amount of the aggregate of all the payments made to the relevant owner in respect of the relevant dwelling under sections 18, 18A and 22.]

• F36[(2A) A second charge shall create a charge over the relevant dwelling in favour of the designated local authority in the amount of the retrospective payment made to the relevant owner in respect of the relevant dwelling under section 18A.]

• F36[(2B) For the purposes of this Chapter—

• (a) subject to paragraph (b), the making of a second charge under subsection (1A) shall not alter the relevant date,

• (b) if a deed of discharge is issued under section 35(1) in respect of the first charge, the relevant date shall be 1 January in the year immediately following the year in which the designated local authority made the retrospective payment,

• (c) subject to paragraph (d), on and after the date the second charge is deemed to have been executed under section 34(2)(b), the incremental release shall be applied in accordance with this Chapter, and

• (d) the incremental release shall be applied separately to the first charged amount and to the second charged amount.]

• (3) A reduction equal to 5 per cent of the charged amount (in this Chapter referred to as an “incremental release”) shall be applied to the charged amount on each anniversary of the relevant date (in this Chapter referred to as the “anniversary”) where a relevant event has not occurred on the anniversary in accordance with section 32(2).

• (4) The relevant owner shall provide the following evidence that a relevant event has not occurred on the anniversary to the designated local authority not more than 28 days after each anniversary:

• (a) evidence that the relevant owner owned the relevant dwelling on the anniversary;

• (b) evidence—

• (i) that the relevant owner was, on the anniversary, the landlord of a tenancy of the relevant dwelling registered on the residential tenancies register, or

• (ii) that one of the exceptions referred to in section 32(3) applied;

and

• (c) an affidavit verifying the evidence referred to in paragraphs (a) and (b).

• (5) The designated local authority shall consider the evidence and affidavit provided under subsection (4) and may carry out, with the consent of the relevant owner given pursuant to section 13(2)(a)(xi), such inspections of the relevant dwelling as it considers necessary for the purposes of determining whether an incremental release shall apply under subsection (3), and shall notify the relevant owner where an incremental release applies.

• (6) Subsection (1) shall not apply in relation to a second grant.

32. Relevant event

32. (1) Where a relevant event occurs or has occurred on an anniversary, F37[the first charged amount and the second charged amount, as reduced by section 31(3), if applicable,] shall become due and payable to the designated local authority on the anniversary.

• (2) A relevant event occurs or has occurred where—

• (a) the relevant owner no longer owns the relevant dwelling, having disposed of the dwelling other than by testamentary disposition, or

• (b) subject to subsection (3), the relevant owner is no longer the landlord of a tenancy of the relevant dwelling which is registered on the residential tenancies register.

• (3) Subsection (2)(b) shall not apply where the relevant owner satisfies the designated local authority that on the anniversary—

• (a) he or she has made an application under section 134 of the Act of 2004 for registration of the tenancy but the registration has not yet taken place under section 135 of that Act,

• (b) he or she is undertaking repairs to the relevant dwelling for the purposes of making the relevant dwelling available to be let, or

• (c) he or she has made reasonable efforts to secure a tenancy of the relevant dwelling but has been unable to do so, and the relevant dwelling remains advertised and available to let under a tenancy registerable under section 134 of the Act of 2004.

• (4) A relevant owner may only rely on each exception referred to in a paragraph of subsection (3) on 2 occasions.

33. Failure or cesser of incremental release

33. (1) The incremental release shall not, subject to subsection (2), apply on the anniversary and no further incremental increases shall apply where—

• (a) a relevant event occurs or has occurred on an anniversary in accordance with section 32(2).

• (b) the relevant owner fails to comply with section 31(4), or

• (c) the designated local authority determines that the information provided in purported compliance with section 31(4) is false or misleading, or the relevant owner was reckless as to whether it was false or misleading, in a material particular.

• (2) Where a relevant event occurs or has occurred on an anniversary, but for a number of days during the year preceding the anniversary the relevant event had not occurred, the incremental release shall apply but the amount of the release referred to in section 31(3) shall be reduced in proportion to the number of days in that year after which the relevant event had occurred.

• (3) For the purposes of subsection (2), where the landlord was not, on a number of occasions in the year preceding the anniversary a landlord of a tenancy of the dwelling which was registered on the residential tenancies register, the number of days secondly referred to in subsection (2) shall be taken to be the number of days following the date in that year on which the relevant event last occurred.

• (4) Where subsection (1) applies, the designated local authority shall notify the relevant owner of—

• (a) that fact, and the reasons for it, and

• (b) that F38[the first charged amount and the second charged amount, as reduced by section 31(3), if applicable,] is due and payable.

• (5) The designated local authority shall not make a determination that the information provided to it in purported compliance with subsection (1) is false or misleading in a material particular, or that the relevant owner was reckless as to whether it was false or misleading in a material particular, unless it has given reasonable notice of its intention to do so to the relevant owner and given the relevant owner the opportunity to make representations in relation to that intention.

34. Provisions consequential on charging order

34. (1) A charging order may be executed by—

• (a) the chief executive (within the meaning of the Act of 2001) of the designated local authority, or

• (b) a member of the staff of the designated local authority to whom that function has been delegated by the chief executive.

• F39[(2) A charging order shall be deemed to be a legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009 and—

• (a) the first charge shall be deemed to have been executed on the later of—

• (i) the date of the final part payment of a remediation option grant, or the payment of the whole of the remediation option grant, to the relevant owner under section 18,

• (ii) the date of the final part payment of an increased grant, or the payment of the whole of the increased grant, to the relevant owner under section 18A, or

• (iii) the date of the final payment of an ancillary grant to the relevant owner under section 22,

and

• (b) the second charge shall be deemed to have been executed on the date of the retrospective payment.]

• (3) The designated local authority shall, on and from the date on which the charging order was deemed to have been executed under subsection (2) —

• (a) be deemed to be a mortgagee of the relevant dwelling for the purposes of Part 10 of the Land and Conveyancing Law Reform Act 2009, and

• (b) have, in relation to the charge, all the powers conferred by that Act on mortgagees under legal mortgages.

• (4) Where a designated local authority makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that it is the charge referred to in F39[section 31(2) or section 31(2A), as the case may be].

• (5) A charging order affecting a relevant dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land and the Property Registration Authority shall, on application being made to it, register such order affecting the land concerned.

• (6) Neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 or section 28 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

• (7) An amount due and payable under section 32 or 33(4) may, without prejudice to any other power in that behalf, be recovered by the designated local authority from the relevant owner as a simple contract debt in any court of competent jurisdiction.

• (8) The designated local authority shall, where requested by the relevant owner to do so, give a statement in writing to the relevant owner of—

• (a) the accumulated amount of incremental releases that have been applied to the charged amount under section 31, and

• (b) the reduced charge amount.

• (9) The relevant owner and any other person shall give such assistance to the designated local authority as it requests to facilitate the registration of the charging order in the Land Registry or Registry of Deeds.

• (10) The designated local authority shall be liable for any expenses incurred in the execution and registration of a charging order in the Land Registry or Registry of Deeds.

• (11) Other than expenses referred to in subsection (10) and section 35(3) a designated local authority shall not be liable for expenses incurred by any person under this Chapter.

• (12) The Minister may prescribe:

• (a) the form of a charging order, and the manner in which it shall be transmitted to the Property Registration Authority for registration;

• (b) the documents which may be considered evidence of the matters referred to in section 31(4), and the form and manner in which such evidence is to be provided;

• (c) the form and content of an affidavit referred to in section 31(4);

• (d) the procedure by which a determination may be made under section 33(1)(c) and representations may be made under section 33(5);

• (e) the form of a deed of discharge under section 35.

35. Release of charge

35. (1) Where the charged amount or the reduced charged amount is paid to the designated local authority, or the accumulated amount of incremental releases applied to the charged amount is equal to or greater than the charged amount, the designated local authority shall, on the request of a person, and subject to the terms of the charging order having been complied with issue a deed of discharge of the charge to the person.

• (2) A deed referred to in subsection (1) may be registered in the Land Registry or the Registry of Deeds.

• (3) The designated local authority shall be liable for any expenses incurred in the execution of the deed of discharge.

PART 4 Designated local authority or approved housing body owned dwellings

36. Designated local authority or approved housing body owned dwellings

36. (1) The Government may make a scheme for the purpose of enabling a designated local authority or an approved housing body to remedy damage caused to dwellings by the use of defective concrete blocks in their construction.

• (2) The Minister may, with the consent of the Minister for Public Expenditure and Reform, in accordance with the terms of a scheme under subsection (1), give grants out of monies provided by the Oireachtas to designated local authorities or approved housing bodies.

• (3) Dwellings referred to in subsection (1) shall be—

• (a) owned by a designated local authority or an approved housing body, and

• (b) located in a designated local authority area.

• (4) A scheme may provide for—

• (a) subject to subsection (3), the dwellings included in the scheme,

• (b) the designated local authorities or approved housing bodies included in the scheme,

• (c) the procedure by which a designated local authority or approved housing body may apply for a grant to remedy dwellings under the scheme,

• (d) the procedure by which applications shall be assessed,

• (e) subject to subsection (5), the procedure by which the amount of a grant given to the designated local authority or approved housing body for the purpose of remedying a dwelling under the scheme shall be calculated,

• (f) subject to subsection (5), the procedure by which the amount of a grant referred to in section 10(2) given to a designated local authority or an approved housing body for the purpose of providing alternative accommodation, immediate repairs or storage costs under the scheme may be calculated,

• (g) the procedure by which payment of grants to remedy dwellings under the scheme shall be made, and

• (h) the administration and governance of the scheme.

• (5) A grant for the remediation of damage to a dwelling or for alternative accommodation, storage costs or immediate repairs provided under a scheme shall be calculated in accordance with section 10, any regulations made under it, and any orders made under section 11.

• (6) Where a scheme is proposed to be made under subsection (1), a draft of the scheme shall be laid before each House of the Oireachtas and it shall not be made until a resolution approving the draft has been passed by each such House.

• (7) In this section, “approved housing body” has the same meaning as it has in section 2 of the Housing (Regulation of Approved Housing Bodies) Act 2019.

PART 5 Appeals

37. Appeals Panel

37. (1) The Minister may appoint such number of people as he or she considers appropriate, not exceeding 10, to be members of a panel (in this Act referred to as the “Appeals Panel”) established and maintained by the Minister.

• (2) The Minister shall have regard to a person’s experience or expertise in relation to the subject matter of decisions, the subject of appeals under this Act or in relation to the hearing of appeals generally in appointing him or her under subsection (1).

• (3) An appointment under subsection (1) shall be made for such period, not exceeding 5 years from the date of the appointment, as the Minister determines.

• (4) Subject to subsection (5), a member whose appointment under subsection (1) expires shall be eligible for reappointment under thatsubsection.

• (5) A person shall not be appointed to the Appeals Panel for more than 2 terms.

• (6) The Minister shall appoint a chairperson of the Appeals Panel from among its members.

• (7) The Minister may pay a member such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

• (8) A member may resign from his or her appointment by giving one month’s notice of his or her resignation to the Minister.

• (9) The Minister may remove a member where, in the opinion of the Minister—

• (a) the member has become incapable through ill-health of effectively performing his or her functions,

• (b) the member has committed stated misbehaviour, or

• (c) the removal of the member appears to the Minister to be necessary for the effective performance by the Appeals Panel of its functions.

• (10) A person shall cease to be qualified for appointment under this section and shall cease to be a member of the Appeals Panel if he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with his or her creditors,

• (c) is sentenced by a court to a term of imprisonment,

• (d) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

• (e) is convicted of an offence involving fraud or dishonesty,

• (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

• (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act,

• (h) is nominated as a member of Seanad Éireann,

• (i) is elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

• (j) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament,

• (k) is elected or co-opted as a member of a local authority, or becomes an employee of a designated local authority, or

• (l) becomes a member of the Board, or employee, of the Housing Agency.

• (11) If a member dies, resigns, ceases to be qualified for office or is removed from office, the Minister may appoint a person to fill the vacancy so occasioned.

• (12) A person appointed to be a member of the Appeals Panel pursuant to subsection (11) —

• (a) holds office for so much of the term of appointment of the member who occasioned the vacancy as remains unexpired at the date of the appointment, and

• (b) is eligible for reappointment as a member on the expiry of that period.

• (13) The Minister shall provide such support of an administrative nature to the Appeals Panel as the Minister determines is necessary to enable the Appeals Panel, and any Appeal Board, to perform its functions.

38. Appeal Board

38. (1) An Appeal Board of 3 persons shall be constituted by the chairperson of the Appeals Panel from among the members of the Appeals Panel to determine an appeal under this Part.

• (2) Subject to subsection (3), the chairperson of an Appeal Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Appeal Board.

• (3) Where the chairperson of the Appeals Panel is appointed to be a member of the Appeal Board, he or she shall be the chairperson of the Appeal Board.

• (4) An Appeal Board shall be independent in the performance of its functions.

39. Determination of appeals

39. (1) An appeal may be made in respect of a decision made under section 13(7)(b), 15(1)(b), F40[15A(4)(b), 16(4) and 17A(6), subsections (7), (8) and (9) of section 18, subsections (12), (13), (14) and (15) of section 18A and section 22A(6), 23A(5)(b) and 23B(4)] and shall—

• (a) be lodged with the Appeals Panel F40[within 90 days of] 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—