Textual Amendments
F1Sch. 5A inserted (18.1.2004) by Housing Act 2004 (c. 34), ss. 183(3), 270(3)(a), Sch. 9
4(1) This paragraph applies where an initial demolition notice (“ the relevant notice ”) has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished. E+W
(2)No further initial demolition notice may be served in respect of the dwelling-house [F2, by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice,] during the period of 5 years following the time when the relevant notice ceases to be in force, unless—
(a)[F3the further notice] is served with the consent of the Secretary of State, and
(b)it states that it is so served.
(3)Subject to sub-paragraph (4), no final demolition notice may be served in respect of the dwelling-house [F4, by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice,] during the period of 5 years following the time when the relevant notice ceases to be in force, unless—
(a)[F5the final demolition notice] is served with the consent of the Secretary of State, and
(b)it states that it is so served.
(4)Sub-paragraph (3) does not apply to a final demolition notice which is served at a time when an initial demolition notice served in accordance with sub-paragraph (2) is in force.
(5)The Secretary of State’s consent under sub-paragraph (2) or (3) may be given subject to compliance with such conditions as he may specify.]
Textual Amendments
F2Words in Sch. 5A para. 4(2) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(2)(a) (with Sch. 13 para. 14)
F3Words in Sch. 5A para. 4(2)(a) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(2)(b) (with Sch. 13 para. 14)
F4Words in Sch. 5A para. 4(3) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(3)(a) (with Sch. 13 para. 14)
F5Words in Sch. 5A para. 4(3)(a) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(3)(b) (with Sch. 13 para. 14)