APPEALS AGAINST DEFERRED ACTION NOTICES (Hansard, 8 July 1996)

§ Mr. Chris Davies
I beg to move amendment No. 4, in page 48, line 18, after 'aggrieved', insert '(including any occupier of the premises)'. Clause 83(1) gives the person aggrieved by a deferred action notice the right to appeal to the county court. That is welcome, but I suspect that its positive effects will be limited. However, let us be grateful for small mercies. The amendment would allow not only the owner but the occupier of an unfit property to challenge the issue of a deferred action notice. I invite the Minister to give one substantial reason why the occupier should not have that right. Better still, I ask him to accept the amendment.

§ Mr. Clappison
Amendment No. 4 would broaden the right of appeal against a deferred action notice to include any occupier of the premises. It is right that there should be a right of appeal against any fitness enforcement action. That is why we have included a right of appeal against deferred action notices. However, the right of appeal against the various fitness enforcement options should be consistent. The right of appeal in the case of a deferred action notice is consistent with that conferred on the other fitness enforcement options of repair, closure and clearance.
As I said in responding to amendment No. 3, in serving a deferred action notice, a local authority will be required to satisfy itself that such an approach is the most satisfactory course of action. In reaching that decision, the occupants will clearly be one of the important considerations. We shall make that point clear in the guidance to which I referred and to which local authorities will be required to have regard. It will provide an added safeguard against local authorities acting recklessly. Coupled with the consistency that I mentioned, that argues strongly for the right of appeal under clause 83 remaining unchanged. I invite the hon. Gentleman to withdraw his amendment.

§ Mr. Davies
Deferred action notices are a new concept. I see no need for consistency. The other proposals that the Minister highlighted suggest that local authorities will take action; the whole purpose of deferred action notices is to give them a chance not to take action. This case should be judged differently. However, I recognise that I am unlikely to succeed in a Division, so I will not press the matter. I beg to ask leave to withdraw the amendment.