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The Housing (Right to Manage) Regulations 1994
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- UK Statutory Instruments
- 1994 No. 627
- Regulation 3
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Local authority support following proposal notice
3.—(1) A tenant management organisation which has served a proposal notice on a local housing authority may, at any time after the service of the notice, request the authority to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires at the time of the request for the purpose of pursuing the proposal contained in the notice.
(2) A request under paragraph (1) shall be in writing and shall specify the provision which the tenant management organisation considers it reasonably requires at that time for that purpose.
(3) On receipt of a request under paragraph (1), the authority shall—
(a)determine the provision which they consider the organisation reasonably requires at that time for that purpose; and
(b)notify the organisation of their determination within two months of receipt of the request.
(4) Subject to paragraph (8), the authority shall provide support in accordance with the determination notified under paragraph (3)(b).
(5) If a tenant management organisation is dissatisfied with an authority’s determination under paragraph (3) it may, within 28 days of being notified of the determination, refer the request to an arbitrator.
(6) A tenant management organisation which refers a request to an arbitrator under paragraph (5) shall, at the same time, give notice of that referral to the authority.
(7) Where a request is referred to an arbitrator under paragraph (5), the arbitrator shall—
(a)determine the provision which he considers the organisation reasonably requires for the purpose of pursuing the proposal at the time of the request; and
(b)notify the authority and the organisation of his determination within two months of the request being referred to him.
(8) Where a request has been referred to an arbitrator under paragraph (5), the authority shall provide support in accordance with the determination notified under paragraph (7)(b).
(9) Where a proposal notice is withdrawn any requirement on an authority to make provision under this regulation shall cease.
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