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1 | A penalty charge notice given to a person under section 271 by an officer of |
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an enforcement authority must— |
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(a) | state the officer’s belief that the person has committed a breach of |
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(b) | give such particulars of the circumstances as may be necessary to |
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give reasonable notice of the breach of duty, |
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(c) | require the person, within a period specified in the notice— |
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(i) | to pay a penalty charge specified in the notice, or |
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(ii) | to give notice to the enforcement authority that the person |
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wishes the authority to review the notice, |
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(d) | state the effect of paragraph 7, |
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(e) | specify the person to whom, and the address at which, the penalty |
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charge may be paid and the method or methods by which payment |
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(f) | specify the person to whom, and the address at which, a notice |
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requesting a review may be sent (and to which any representations |
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relating to the review may be addressed). |
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2 | The penalty charge specified in the notice shall be of such amount (not |
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exceeding £1,000) as may be prescribed for the time being by regulations |
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made by the appropriate national authority. |
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3 (1) | The period specified under paragraph 1(c) must not be less than 28 days |
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beginning with the day after that on which the penalty charge notice was |
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(2) | The enforcement authority may extend the period for complying with the |
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requirement mentioned in paragraph 1(c) in any particular case if it |
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considers it appropriate to do so. |
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Review and withdrawal of notice |
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4 (1) | Sub-paragraph (2) applies if, within the period specified under paragraph |
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1(c) (or that period as extended under paragraph 3(2)), the recipient of the |
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penalty charge notice gives notice to the enforcement authority requesting a |
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(2) | The enforcement authority must— |
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(a) | consider any representations made by the recipient and all other |
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circumstances of the case, |
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(b) | decide whether to confirm or withdraw the notice, and |
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(c) | give notice of its decision to the recipient. |
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(3) | A notice under sub-paragraph (2)(c) confirming the penalty charge notice |
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must also state the effect of paragraphs 6(1) to (4). |
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(4) | The enforcement authority must withdraw the penalty charge notice if it is |
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not satisfied of one (or more) of the following— |
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(a) | that the recipient committed the breach of duty specified in the |
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(b) | that the notice was given within the time allowed by section 271(2) |
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and complies with the other requirements imposed by virtue of this |
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(c) | that, in the circumstances of the case, it was appropriate for a penalty |
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charge notice to be given to the recipient. |
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5 | The enforcement authority may give the recipient of a penalty charge notice |
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a notice withdrawing the penalty charge notice if the authority considers |
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that the penalty charge notice ought not to have been given. |
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6 (1) | The recipient of a penalty charge notice may appeal to the county court |
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against the notice if the notice is confirmed by the enforcement authority |
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(2) | The appeal must be made within the period of 28 days beginning with the |
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day after that on which the notice under paragraph 4(2)(c) is given. |
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(3) | The county court may extend the period for appealing against the notice. |
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(4) | An appeal must be on one (or more) of the following grounds— |
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(a) | that the recipient did not commit the breach of duty specified in the |
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(b) | that the notice was not given within the time allowed by section |
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271(2) or does not comply with any other requirement imposed by |
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virtue of this Schedule, or |
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(c) | that in the circumstances of the case it was inappropriate for the |
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notice to be given to the recipient. |
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(5) | An appeal is to be by way of a rehearing. |
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(6) | On an appeal the court is to uphold the notice or quash it. |
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Recovery of penalty charge |
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7 (1) | The amount of the penalty charge is recoverable from the recipient of the |
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penalty charge notice as a debt owed to the enforcement authority unless— |
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(a) | the notice has been withdrawn or quashed, or |
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(b) | the charge has been paid. |
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(2) | Proceedings for the recovery of the penalty charge may not be started before |
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the end of the period mentioned in paragraph 4(1). |
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(3) | Sub-paragraph (4) applies if, within that period, the recipient of the penalty |
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charge notice gives notice to the enforcement authority that the recipient |
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wishes the authority to review the penalty charge notice. |
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(4) | Proceedings for the recovery of the penalty charge may not be started— |
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(a) | before the end of the period mentioned in paragraph 6(2), and |
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(b) | where the recipient appeals against the penalty charge notice, before |
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the end of the period of 28 days beginning with the day on which the |
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appeal is withdrawn or determined. |
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8 | In proceedings for the recovery of the penalty charge, a certificate which— |
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(a) | purports to be signed by, or on behalf of, the person having |
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responsibility for the financial affairs of the enforcement authority, |
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(b) | states that payment of the penalty charge was, or was not, received |
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by a date specified in the certificate, |
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| is evidence of the facts stated. |
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9 | The enforcement authority must repay any amount previously paid as a |
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penalty charge in pursuance of a penalty charge notice if the notice is |
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10 (1) | A penalty charge notice and any other notice mentioned in this Schedule |
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(2) | Any such notice may be given— |
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(a) | in the case of a body corporate (other than a limited liability |
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partnership), to the secretary or clerk of that body, |
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(b) | in the case of a limited liability partnership, to any member or to any |
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person having control or management of the partnership business, |
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(c) | in the case of any other partnership, to any partner or to any person |
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having control or management of the partnership business, and |
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(d) | in the case of an unincorporated association, to any member or to any |
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person having control or management of the affairs of the |
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11 (1) | The appropriate national authority may by regulations make provision |
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supplementary or incidental to the preceding provisions of this Schedule. |
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(2) | Such provision may, in particular, include— |
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(a) | provision prescribing— |
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(i) | the form of penalty charge notices or any other notice |
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mentioned in this Schedule, |
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(ii) | circumstances in which penalty charge notices may not be |
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(iii) | the method or methods by which penalty charges may be |
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(b) | provision about the service of notices. |
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1 | Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy: |
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final demolition notices) is amended as follows. |
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2 (1) | Paragraph 13 (final demolition notices) is amended as follows. |
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(2) | In sub-paragraph (5) (period of validity of final demolition notices)— |
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(a) | omit the “and” following paragraph (a), |
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(b) | in paragraph (b) for “(7)” substitute “(7A)”, and |
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(c) | after paragraph (b) insert “and |
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(c) | the provisions of paragraph 15A.” |
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(3) | In sub-paragraph (9) (certain references to landlord to include superior |
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landlord) after “15” insert “(other than paragraph 15(7A)”. |
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3 (1) | Paragraph 15 (extension or revocation etc. of final demolition notices) is |
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(2) | After sub-paragraph (7) (revocation notices) insert— |
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“(7A) | Sub-paragraphs (4) to (7) do not apply if the landlord is selling or |
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otherwise transferring his interest as landlord to another person or |
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is offering it for sale or for other transfer.” |
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(3) | In sub-paragraph (8) (restrictions on service of further notices)— |
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(a) | after “in respect of it” insert “, by the landlord who served the earlier |
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notice or any landlord who served a continuation notice in respect of |
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(b) | after “when the” insert “earlier”, and |
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(c) | in paragraph (a) for “it” substitute “the further notice”. |
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4 | After paragraph 15 insert— |
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“15A (1) | This paragraph applies if— |
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(a) | a final demolition notice is in force in respect of a dwelling- |
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(b) | the landlord transfers his interest as landlord to another |
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(2) | The final demolition notice (“the original notice”) continues in |
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force but this is subject to— |
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(a) | paragraphs 13(5) and 15, and |
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(b) | the following provisions of this paragraph. |
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(3) | Sub-paragraph (4) applies if the transferee— |
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(a) | intends to demolish the dwelling-house, but |
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(i) | served a continuation notice, and |
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(ii) | complied with the conditions in sub-paragraphs (8) |
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| within the period of 2 months beginning with the date of |
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(4) | The transferee must proceed under paragraph 15(4) as if the |
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transferee has decided not to demolish the dwelling-house (and |
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paragraph 15(5) to (7) applies on the same basis). |
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(5) | A continuation notice is a notice— |
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(a) | stating that the transferee— |
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(i) | has acquired the interest concerned, and |
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(ii) | intends to demolish the dwelling-house or (as the |
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case may be) the building containing it (“the |
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(b) | setting out the reasons why the transferee intends to |
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demolish the relevant premises, |
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(c) | stating that one of conditions A to C in paragraph 14 is |
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satisfied in relation to the original notice (specifying the |
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(d) | stating that the original notice is to continue in force, and |
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(e) | explaining the continued effect of the original notice. |
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(6) | A continuation notice may not vary the proposed demolition date |
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in the original notice nor the date when the original notice will |
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(7) | Sub-paragraph (8) applies if— |
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(a) | the dwelling-house is contained in a building which |
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contains one or more other dwelling-houses, and |
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(b) | the transferee intends to demolish the whole of the |
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(8) | The transferee must serve a continuation notice on the occupier of |
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each of the dwelling-houses contained in the building (whether |
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addressed to him by name or just as “the occupier”). |
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(9) | An accidental omission to serve a continuation notice on one or |
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more occupiers does not prevent the condition in sub-paragraph |
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(8) from being satisfied. |
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(10) | Paragraph 13(7) and (8) apply in relation to the transferee’s |
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intention to demolish so as to impose a condition on the transferee |
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for a notice to appear within the period of 2 months beginning |
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with the date of transfer. |
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(11) | Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) |
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to (8) in relation to a final demolition notice so far as continued in |
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force under this paragraph.” |
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5 | In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” |
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substitute “, 15 or 15A”. |
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Initial demolition notices |
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6 | Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is |
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7 | In paragraph 2(1) (period of validity of initial demolition notices) for |
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“paragraph 3” substitute “paragraphs 3 and 3A”. |
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8 | In paragraph 3(1) (revocation of initial demolition notices: application of |
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paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “(7A)”. |
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9 | After paragraph 3 insert— |
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“Transfer of initial demolition notices |
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3A (1) | This paragraph applies if— |
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(a) | an initial demolition notice is in force in respect of a |
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(b) | the landlord transfers his interest as landlord to another |
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(2) | The initial demolition notice (“the original notice”) continues in |
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force but this is subject to— |
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(a) | paragraphs 2 and 3, and |
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(b) | the following provisions of this paragraph. |
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(3) | Sub-paragraph (4) applies if the transferee— |
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(a) | intends to demolish the dwelling-house, but |
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(i) | served a continuation notice, and |
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(ii) | complied with the conditions in sub-paragraphs (8) |
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| within the period of 2 months beginning with the date of |
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(4) | The transferee must proceed under paragraph 15(4) of Schedule 5 |
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as applied by paragraph 3(1) above as if the transferee has decided |
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not to demolish the dwelling-house (and paragraph 15(5) to (7) of |
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that Schedule as so applied applies on the same basis). |
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(5) | A continuation notice is a notice— |
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(a) | stating that the transferee— |
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(i) | has acquired the interest concerned, and |
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(ii) | intends to demolish the dwelling-house or (as the |
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case may be) the building containing it (“the |
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(b) | setting out the reasons why the transferee intends to |
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demolish the relevant premises, |
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(c) | stating that the original notice is to continue in force, and |
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(d) | explaining the continued effect of the original notice. |
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(6) | A continuation notice may not vary the period specified in the |
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original notice in accordance with paragraph 1(1)(c). |
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(7) | Sub-paragraph (8) applies if— |
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(a) | the dwelling-house is contained in a building which |
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contains one or more other dwelling-houses, and |
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(b) | the transferee intends to demolish the whole of the |
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(8) | The transferee must serve a continuation notice on the occupier of |
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each of the dwelling-houses contained in the building (whether |
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addressed to him by name or just as “the occupier”). |
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(9) | An accidental omission to serve a continuation notice on one or |
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more occupiers does not prevent the condition in sub-paragraph |
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(8) from being satisfied. |
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(10) | Paragraph 13(7) of Schedule 5 applies in relation to the transferee’s |
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intention to demolish so as to impose a condition on the transferee |
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for a notice to appear within the period of 2 months beginning |
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with the date of transfer; and paragraph 2(3) above applies for this |
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(11) | Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) |
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and (3) in relation to an initial demolition notice so far as |
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continued in force under this paragraph.” |
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10 (1) | Paragraph 4 (restrictions on service of further notices) is amended as |
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(2) | In sub-paragraph (2) (further initial demolition notices)— |
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(a) | after “dwelling-house” insert “, by the landlord who served the |
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relevant notice or any landlord who served a continuation notice in |
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respect of the relevant notice,”, and |
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(b) | in paragraph (a) for “it” substitute “the further notice”. |
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(3) | In sub-paragraph (3) (final demolition notices)— |
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(a) | after “dwelling-house” insert “, by the landlord who served the |
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relevant notice or any landlord who served a continuation notice in |
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respect of the relevant notice,”, and |
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(b) | in paragraph (a) for “it” substitute “the final demolition notice”. |
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11 | In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “, 15 or |
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12 | In paragraph 6(1) (interpretation) after “Schedule” insert “(other than |
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13 | This Schedule does not apply to notices served before the coming into force |
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Disposals of dwelling-houses by local authorities |
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1 (1) | The Housing Act 1985 is amended as follows. |
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(2) | In section 34 (consents in relation to disposals of land held for housing |
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(a) | in subsection (1) for “Secretary of State’s” substitute “appropriate |
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(i) | for “Secretary of State” substitute “appropriate national |
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(ii) | after “disposal;” at the end of paragraph (c), insert— |
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“(ca) | in the case of a proposed large scale disposal, the |
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appropriate national body’s estimate of the |
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exchequer costs of the large scale disposal;”, and |
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(iii) | in paragraph (d) for “he” substitute “the appropriate national |
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