Planning and Development (Housing) and Residential Tenancies Act 2016
|
Amendment of section 121 (determination orders) of Act of 2004 and consequential amendments | ||
|
48. (1) Section 121 of the Act of 2004 is amended— | ||
(a) in subsection (1), by substituting “by the Director and issued by him or her” for “by the Board and issued by it”, | ||
(b) in subsections (2) to (5) by substituting “Director” for “Board” in each place where it occurs, | ||
(c) in paragraphs (a) and (b) of subsection (4) by substituting “to him or her” for “to it”, | ||
(d) by inserting the following after subsection (5): | ||
“(5A) A document purporting to be a determination to which this section relates and to be signed by— | ||
(a) the Director under this section, or | ||
(b) a member of the staff of the Board, pursuant to the function of the Director under this section being delegated to the member under section 161(2), | ||
shall, unless the contrary is proved, be deemed to be a determination duly made and shall be received in any proceedings in any court without further proof of— | ||
(i) the determination, | ||
(ii) the signature of the Director or the person to whom paragraph (b) relates, as the case may be, or | ||
(iii) where relevant, the delegation to which paragraph (b) relates.”, | ||
and | ||
(e) by deleting subsection (6). | ||
(2) The provisions of the Act of 2004 referred to in column (2) of Part 3 of the Schedule are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned. |