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The Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (England) Order 2002

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Article 2(b)(i)

SCHEDULE 2TRANSITIONAL PROVISIONS AND SAVINGS

Collective enfranchisement by tenants of flats

1.  The amendments made to the 1993 Act by sections 115 to 120, 125 and 127 to 128 and the repeals in Part 1 of Schedule 1 to this Order shall not have effect in relation to an application for collective enfranchisement in respect of which—

(a)a notice was given under section 13 of the 1993 Act; or

(b)an application was made for an order under section 26 of that Act

before the commencement date.

2.  Until the coming into force of sections 121 to 124, in a case where there are only two qualifying tenants of flats contained in the premises, section 13(2)(b) of the 1993 Act as amended by section 119, shall not be satisfied unless both tenants are participating tenants as defined in section 14 of that Act.

3.  Sub-paragraph (2A) of paragraph 4 of Schedule 6 to the 1993 Act inserted by section 128, shall, until the coming into force of sections 121 to 124, have effect as if the reference to participating members were a reference to participating tenants as defined in section 14 of that Act.

New leases for tenants of flats

4.  The amendments made to the 1993 Act by sections 130, 131 and 134 to 136, the repeals to sections 5, 7, 8 and 8A of that Act in Part 1 of Schedule 1 to this Order and the repeals in Part 2 of that Schedule shall not have effect in relation to an application for a new lease of a flat in respect of which—

(a)a notice was given under section 42 of the 1993 Act, or

(b)an application was made for an order under section 50 of that Act

before the commencement date.

Enfranchisement and lease extensions for leasehold houses

5.  The amendments made to the 1967 Act by sections 138 to 141 and sections 143 to 147 and the repeals in Part 3 of Schedule 1 to this Order, shall not have effect in relation to an application for enfranchisement or an extended lease of a house in respect of which—

(a)a notice was given under section 8 or 14 of the 1967 Act, or

(b)an application was made under section 27 of that Act

before the commencement date.

Managers appointed by leasehold valuation tribunal

6.  Amendments made to the Landlord and Tenant Act 1987(1) by sections 160 and 161 shall not have effect in relation to an application made under Part II of the Landlord and Tenant Act 1987 before the commencement date.

Grounds for application to vary a lease

7.  The amendments made to the Landlord and Tenant Act 1987 by section 162 shall not have effect in respect of an application made under section 35 of the Landlord and Tenant Act 1987 before the commencement date.

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