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The Special Educational Needs and Disability (2005 Order) (Amendment) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (Northern Ireland) 2008

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Lessor withholding consent reasonably

10.  (1)  For the purposes of Article 37B of, and Schedule 3A to, the 2005 Order a lessor is to be taken to have acted reasonably in withholding his consent for alterations to premises in the circumstances set out in paragraph (2).

(2) The circumstances referred to in paragraph (1) are where—

(a)there is a binding obligation which requires the lessor to obtain the consent of another person to the alteration, the lessor has taken steps to seek that consent and that consent has not been given, or has been given subject to a condition making it reasonable for him to withhold his consent; or

(b)the lessor does not know, and could not reasonably be expected to know, that the alteration is one which the general qualifications body proposes to make in order to comply with a duty imposed on it by Article 37.

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