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.”,


(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.