The Leasehold Reform (Collective Enfranchisement) (Counter-notices) (England) Regulations 2002

Statutory Instruments

2002 No. 3208

LANDLORD AND TENANT, ENGLAND

The Leasehold Reform (Collective Enfranchisement) (Counter-notices) (England) Regulations 2002

Made

20th December 2002

Coming into force

10th April 2003

The Secretary of State, in exercise of the powers conferred on him by section 99(6)(b) of the Leasehold Reform, Housing and Urban Development Act 1993(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Leasehold Reform (Collective Enfranchisement) (Counter-notices) (England) Regulations 2002 and shall come into force on 10th April 2003.

2.  These Regulations extend to England only.

Interpretation

3.  In these Regulations—

“the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993;

“the specified premises” has the same meaning as in section 13(12)(a) of the 1993 Act.

Additional content of reversioner’s counter-notice

4.  A counter-notice given under section 21 (reversioner’s counter-notice) of the 1993 Act shall contain (in addition to the particulars required by that section) a statement as to whether or not the specified premises are within the area of a scheme approved as an estate management scheme under section 70.

Application

5.  These Regulations shall apply to counter-notices given under section 21 on or after the date these Regulations come into force.

Signed by authority of the First Secretary of State

Tony McNulty

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

20th December 2002

Explanatory Note

(This note is not part of the Order)

A person who receives a notice for a claim for collective enfranchisement made under Part I of the Leasehold Reform Housing and Urban Development Act 1993 must respond by giving a counter-notice admitting or opposing the claim. These Regulations prescribe a requirement, in addition to those specified in section 21 of the Act, as regards the contents of the counter-notice.

These Regulations only apply to counter-notices given on or after the date these Regulations come into force.

(1)

1993 c. 28. The Secretary of State can exercise the power under this section only in relation to England; see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).