Modifications etc. (not altering text)
Textual Amendments
F1Sch. 2 Pt. 5 inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 9(2)
1(1)The Secretary of State may, on the application of the landlord, approve for the purposes of ground 10A in Part II of this Schedule a scheme for the disposal and re-development of an area of land consisting of or including the whole or part of one or more dwelling-houses.E+W
(2)For this purpose—
(a) “ disposal ” means a disposal of any interest in the land (including the grant of an option), and
(b) “ redevelopment ” means the demolition or reconstruction of buildings or the carrying out of other works to buildings or land;
and it is immaterial whether the disposal is to precede or follow the redevelopment.
(3)The Secretary of State may on the application of the landlord approve a variation of a scheme previously approved by him and may, in particular, approve a variation adding land to the area subject to the scheme.
2(1)Where a landlord proposes to apply to the Secretary of State for the approval of a scheme or variation it shall serve a notice in writing on any secure tenant of a dwelling-house affected by the proposal stating—E+W
(a)the main features of the proposed scheme or, as the case may be, the scheme as proposed to be varied,
(b)that the landlord proposes to apply to the Secretary of State for approval of the scheme or variation, and
(c)the effect of such approval, by virtue of section 84 and ground 10A in Part II of this Schedule, in relation to proceedings for possession of the dwelling-house,
and informing the tenant that he may, within such period as the landlord may allow (which shall be at least 28 days from service of the notice), make representations to the landlord about the proposal.
(2)The landlord shall not apply to the Secretary of State until it has considered any representations made to it within that period.
(3)In the case of a landlord to which section 105 applies (consultation on matters of housing management) the provisions of this paragraph apply in place of the provisions of that section in relation to the approval or variation of a redevelopment scheme.
3(1)In considering whether to give his approval to a scheme or variation the Secretary of State shall take into account, in particular—E+W
(a)the effect of the scheme on the extent and character of housing accommodation in the neighbourhood,
(b)over what period of time it is proposed that the disposal and redevelopment will take place in accordance with the scheme, and
(c)to what extent the scheme includes provision for housing provided under the scheme to be sold or let to existing tenants or persons nominated by the landlord;
and he shall take into account any representations made to him and, so far as they are brought to his notice, any representations made to the landlord.
(2)The landlord shall give to the Secretary of State such information as to the representations made to it, and other relevant matters, as the Secretary of State may require.
4E+WThe Secretary of State shall not approve a scheme or variation so as to include in the area subject to the scheme—
(a)part only of one or more dwelling-houses, or
(b)one or more dwelling-houses not themselves affected by the works involved in redevelopment but which are proposed to be disposed of along with other land which is so affected,
unless he is satisfied that the inclusion is justified in the circumstances.
5(1)Approval may be given subject to conditions and may be expressed to expire after a specified period.E+W
(2)The Secretary of State, on the application of the landlord or otherwise, may vary an approval so as to—
(a)add, remove or vary conditions to which the approval is subject; or
(b)extend or restrict the period after which the approval is to expire.
(3)Where approval is given subject to conditions, the landlord may serve a notice under section 83[F2or 83ZA] (notice of proceedings for possession) specifying ground 10A notwithstanding that the conditions are not yet fulfilled but the court shall not make an order for possession on that ground unless satisfied that they are or will be fulfilled.
Textual Amendments
F2Words in Sch. 2 Pt. 5 para. 5(3) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 13 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(vi)
6 E+W Where the landlord is a [F3[F4private registered provider of social housing] or a housing association registered in the register maintained by Scottish Homes under section 3 of the M1 Housing Associations Act 1985, [F5the Regulator of Social Housing], or Scottish Homes, (and not the Secretary of State) ] has the functions conferred by this Part of this Schedule.
Textual Amendments
F3Words in Sch. 2 Pt. V para. 6 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 21(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F4Words in Sch. 2 para. 6 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 37(3)(a) (with art. 6, Sch. 3)
F5Words in Sch. 2 para. 6 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 37(3)(b) (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C2Sch. 2 Pt. V para. 6 modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), art. 3, Sch. para. 2(1) (with art. 6); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
Marginal Citations
7E+WIn this Part of this Schedule references to the landlord of a dwelling-house include any authority or body within section 80 (the landlord condition for secure tenancies) having an interest of any description in the dwelling-house.]