The Housing (Right to Manage) (England) Regulations 2008

Subsequent procedure in relation to regulation 2 notices

25.—(1) Paragraphs (2) to (4) shall apply where, before the commencement date, the authority has accepted a regulation 2 notice but has not entered into a management agreement under the 1994 Regulations.

(2) Subject to paragraphs (3) and (4), any function being exercised, step being taken or requirement in the process of being satisfied immediately before the commencement date in accordance with any of paragraphs (1) to (8) of regulation 4 of the 1994 Regulations shall not be continued under those Regulations on or after that date.

(3) Where a ballot has been carried out pursuant to paragraph (12)(b) of regulation 4 of the 1994 Regulations before the commencement date, paragraphs (13) to (16) of that regulation shall continue to have effect on and after that date as regards the regulation 2 notice to which the ballot relates.

(4) Where, before the commencement date, the report of a study has been submitted to the Secretary of State under regulation 4(9) of the 1994 Regulations, but a ballot has not been carried out under those Regulations—

(a) within 3 months of the commencement date the TMO must apply to the approved assessor service for the appointment of an assessor; and

(b) regulations 14 to 17 of these Regulations shall have effect as if the regulation 2 notice were a proposal notice accepted under regulation 11.

(5) Unless paragraph (3) or (4) applies, the TMO and the authority must—

(a) within 3 months of the commencement date, apply to the approved assessor service for the appointment of an assessor;

(b) within 15 months of the commencement date, jointly prepare and publish a feasibility study; and

(c) regulation 13(3) to (6) shall have effect in relation to that study as if the regulation 2 notice were a proposal notice accepted under regulation 11 of these Regulations.