23 Application to court for appointment of manager.E+W
(1)No application for an order under section 24 shall be made to [F1the appropriate tribunal] unless—
(a)in a case where a notice has been served under section 22, either—
(i)the period specified in pursuance of paragraph (d) of subsection (2) of that section has expired without the [F2person required to take steps in pursuance of that paragraph having taken them], or
(ii)that paragraph was not applicable in the circumstances of the case; or
(b)in a case where the requirement to serve such a notice has been dispensed with by an order under subsection (3) of that section, either—
(i)any notices required to be served, and any other steps required to be taken, by virtue of the order have been served or (as the case may be) taken, or
(ii)no direction was given by [F3the tribunal] when making the order.
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 23(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 70 (with Sch. 3)
F2Words in s. 23(1) substituted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 160(3); S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S.I. 2002/3012, art. 2(b)(i) (subject to Sch. 2)
F3Words in s. 23(1) substituted (1.9.1997) by 1996 c. 52, s. 86(2); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)
F4S. 23(2) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2)