Part III
In this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 65(1) or (2).
(5) The expense of carrying out any tests which a person is required to carry out under this section shall be met by that person:
Provided that the local authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.
(6) Any question arising under this section between a local authority and any person as to the reasonableness—
- (a) of any test specified in a requirement imposed on him by the authority under this section; or
- (b) of a refusal by the authority to give a direction under subsection (5) above on an application made by him; or
- (c) of a direction under that subsection given on such an application,
may on the application of that person be determined by a court of summary jurisdiction; and in a case falling within paragraph (b) or (c) above the court may order the expense to which the application relates to be met by the local authority to such extent as the court thinks just.
Provisions relating to appeals etc. to the Secretary of State under certain provisions. 69.—(1) On an appeal to the Secretary of State under section 64 of the 1936 Act, section 7 of the 1961 Act or section 64 of this Act, the Secretary of State may at his discretion afford to the appellant and the local authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(2) On determining any such appeal as is mentioned in subsection (1) above, the Secretary of State shall give such directions, if any, as he considers appropriate for giving effect to his determination.
(3) Where the Secretary of State gives a decision in proceedings—
- (a) on any such appeal as is mentioned in subsection (1) above; or
- (b) on a reference under section 67 of the 1936 Act; or
- (c) on any application for a direction under section 6 of the 1961 Act where the power of giving the direction is not exercisable by the local authority,
the relevant person or the local authority may appeal to the High Court against the decision on a point of law.
