Leasehold Reform, Housing and Urban Development Act 1993

72 Applications after expiry of two-year period

(1) An application for the approval of a scheme for an area under section 70 (including an application in accordance with section 71(1) or (3)) may be made after the expiry of the period mentioned in subsection (1) of that section if the Secretary of State has, not more than six months previously, consented to the making of such an application for that area or for an area within which that area falls.

(2) The Secretary of State may give consent under subsection (1) to the making of an application (“the proposed application”) only where he is satisfied—

(a) that either or both of the conditions mentioned in subsection (3) apply; and

(b) that adequate notice has been given to persons interested informing them of the request for consent and the purpose of the request.

(3) The conditions referred to in subsection (2)(a) are—

(a) that the proposed application could not have been made before the expiry of the period mentioned in section 70(1); and

(b) that—

(i) any application for the approval under section 70 of a scheme for the area, or part of the area, to which the proposed application relates would probably have been dismissed under section 70(10)(a) had it been made before the expiry of that period; but

(ii) because of a change in any of the circumstances required to be considered under section 70(3) the proposed application would, if made following the giving of consent by the Secretary of State, probably be granted.

(4) A request for consent under subsection (1) must be in writing and must comply with such requirements (if any) as to the form of, or the particulars to be contained in, any such request as the Secretary of State may by regulations prescribe.

(5) The procedure for considering a request for consent under subsection (1) shall be such as may be prescribed by regulations made by the Secretary of State.