6Duty of advisory committee

6 Duty of advisory committee

(1)  It is the duty of the advisory committee to advise the Minister on whether, in its opinion –

(a) a dwelling on an affected property has become uninhabitable by virtue of earth movements; or

(b) an eligible owner who owned his or her affected property at the time it became an affected property is suffering or is likely to suffer special financial hardship by virtue of actual or potential earth movements.

(2)  The advisory committee must –

(a) in making an assessment for the purposes of subsection (1) (a) – have regard to the criteria set out in Part 2 of Schedule 1 ; and

(b) in making an assessment for the purposes of subsection (1) (b) – have regard to the criteria set out in Part 3 of Schedule 1 .

(3)  For the purposes of subsection (2) , the advisory committee is not to regard any single criterion as being necessarily decisive.

(4)  The advisory committee may at any time advise the Minister in respect of any matter arising under this Act and must do so if so requested by the Minister.

(5)  For the purposes of carrying out its duty, the advisory committee may send requisitions to any eligible owner who makes an application.