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(1)Section 35 of the 1987 Act (application by party to lease for variation of lease) is amended as follows.
(2)In subsection (2) (grounds for application), for paragraph (b) substitute—
“(b)the insurance of the building containing the flat or of any such land or building as is mentioned in paragraph (a)(iii);”.
(3)After paragraph (f) of that subsection insert—
“(g)such other matters as may be prescribed by regulations made by the Secretary of State.”
(4)After subsection (3) insert—
“(3A)For the purposes of subsection (2)(e) the factors for determining, in relation to a service charge payable under a lease, whether the lease makes satisfactory provision include whether it makes provision for an amount to be payable (by way of interest or otherwise) in respect of a failure to pay the service charge by the due date.”
(5)In section 53(2)(b) of the 1987 Act (regulations subject to negative Parliamentary procedure), after “section 20(4)” insert “ or 35(2)(g) ”.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
(1)Part 4 of the 1987 Act (variation of leases) is amended as follows.
(2)In section 35 (application by party to lease for variation of lease)—
(a)in subsection (1), for “the court” substitute “ a leasehold valuation tribunal ”, and
(b)in subsection (5), for “Rules of court” substitute “ Procedure regulations under Schedule 12 to the Commonhold and Leasehold Reform Act 2002 ”.
(3)In section 36(1) (application by respondent for variation of other leases), for “court” substitute “ tribunal ”.
(4)In section 37(1) (application by majority of parties for variation of leases), for “the court” substitute “ a leasehold valuation tribunal ”.
(5)In section 38 (orders varying leases)—
(a)in subsections (1) to (5), for “court” (in each place) substitute “ tribunal ”,
(b)in subsection (6)—
(i)for “The court” substitute “ A tribunal ”, and
(ii)for “the court” substitute “ the tribunal ”,
(c)in subsections (7) to (9), for “The court” substitute “ A tribunal ”, and
(d)in subsection (10)—
(i)for “the court”, in the first place, substitute “ a tribunal ”, and
(ii)for “the court”, in the other two places, substitute “ the tribunal ”.
(6)In section 39 (applications by third parties for orders varying leases)—
(a)in subsection (3)(b), for “the court” substitute “ a leasehold valuation tribunal ”,
(b)in subsection (4), for “The court” substitute “ A tribunal ”, and
(c)in subsection (5)(b), for “court” substitute “ tribunal ”.
(7)In section 40(1) (variation of insurance provisions of dwelling other than flat), for “the court” substitute “ a leasehold valuation tribunal ”.
(8)In consequence of the preceding provisions, in section 52(2)(a) of the 1987 Act (jurisdiction of county courts), for “, 3 and 4” substitute “ and 3 ”.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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