Housing Act 2004 (c. 34)

SCHEDULES

SCHEDULE 5 E+W Licences under Parts 2 and 3: procedure and appeals

Part 1 E+W Procedure relating to grant or refusal of licences

Exceptions from requirements in relation to grant or refusal of licences E+W

9 E+W The requirements of paragraph 3 (and those of paragraph 1) do not apply if the local housing authority—

(a) have already served a notice under paragraph 1 but not paragraph 3 in relation to the proposed licence, and

(b) consider that the modifications which are now being proposed are not material in any respect.

Commencement Information

I1 Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

10 E+W The requirements of paragraph 3 (and those of paragraph 1) do not apply if the local housing authority—

(a) have already served notices under paragraphs 1 and 3 in relation to the matter concerned, and

(b) consider that the further modifications which are now being proposed do not differ in any material respect from the modifications in relation to which a notice was last served under paragraph 3.

Commencement Information

I2 Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

11 E+W Paragraphs 5, 6 and 8 do not apply to a refusal to grant a licence on particular terms if the local housing authority are proposing to grant the licence on different terms.

Commencement Information

I3 Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

[F1 11A E+W The requirements of paragraph 5 do not apply where the refusal to grant the licence was because of section 66(3C) or 89(3C) (person with banning order not a fit and proper person).]

Textual Amendments

F1 Sch. 5 para. 11A inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 2 para. 12(2); S.I. 2018/393, reg. 2(b)