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Leasehold Reform, Housing and Urban Development Act 1993
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- 1993 c. 28
- SCHEDULE 3
- Part III
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- s. 12A by 2002 c. 15 s. 123(1)
- s. 12A(3)(a)(b) words substituted by S.I. 2009/1941 Sch. 1 para. 140(5)
- s. 12A(4)(a)(c) words substituted by S.I. 2009/1941 Sch. 1 para. 140(5)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1725 art. 2 commences (2002 c. 9)
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/1986 art. 2 3 commences (2002 c. 15)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/144 art. 2 Sch. commences (1994 c. 21)
- S.I. 2004/669 art. 2 commences (2002 c. 15)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2004/3056 art. 2 3 commences (2002 c. 15)
- S.I. 2005/193 art. 2 amendment to earlier commencing SI 2004/3056
- S.I. 2005/1353 art. 2 commences (2002 c. 15)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2006/3428 art. 2-4 7 commences (2006 c. 46)
- S.I. 2007/1897 art. 2 commences (2005 c. 9)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/2358 art. 2 3 commences (2008 c. 17)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/803 art. 2-10 commences (2008 c. 17)
- S.S.I. 2009/122 art. 3 commences (2006 asp 1)
- 2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)
Part IIIE+W OTHER PROVISIONS
Inaccuracies or misdescription in initial noticeE+W
15(1)The initial notice shall not be invalidated by any inaccuracy in any of the particulars required by section 13(3) or by any misdescription of any of the property to which the claim extends.E+W
(2)Where the initial notice—
(a)specifies any property or interest which was not liable to acquisition under or by virtue of section 1 or 2, or
(b)fails to specify any property or interest which is so liable to acquisition,
the notice may, with the leave of the court and on such terms as the court may think fit, be amended so as to exclude or include the property or interest in question.
(3)Where the initial notice is so amended as to exclude any property or interest, references to the property or interests specified in the notice under any provision of section 13(3) shall be construed accordingly; and, where it is so amended as to include any property or interest, the property or interest shall be treated as if it had been specified under the provision of that section under which it would have fallen to be specified if its acquisition had been proposed at the relevant date.
Effect on initial notice of tenant’s lack of qualification to participateE+W
16(1)It is hereby declared that, where at the relevant date any of the persons by whom the initial notice is given—E+W
(a)is not a qualifying tenant of a flat contained in the specified premises, or
(b)is such a qualifying tenant but is prohibited from participating in the giving of the notice by virtue of Part I of this Schedule, or
(c)(if it is claimed in the notice that he satisfies the residence condition) does not satisfy that condition,
the notice shall not be invalidated on that account, so long as the notice was in fact properly given by a sufficient number of qualifying tenants of flats contained in the premises as at the relevant date, and not less than one-half of the qualifying tenants by whom it was so given then satisfied the residence condition.
(2)For the purposes of sub-paragraph (1) a sufficient number is a number which—
(a)is not less than two-thirds of the total number of qualifying tenants of flats contained in the specified premises as at the relevant date, and
(b)is not less than one-half of the total number of flats so contained.
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