- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Housing Act 2004, Part 2 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
9E+WBefore varying an interim or final management order, the local housing authority must—
(a)serve a notice under this paragraph on each relevant person, and
(b)consider any representations made in accordance with the notice and not withdrawn.
Commencement Information
I1Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
10E+WThe notice under paragraph 9 must state that the authority are proposing to make the variation and specify—
(a)the effect of the variation,
(b)the reasons for the variation, and
(c)the end of the consultation period.
Commencement Information
I2Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
11(1)This paragraph applies where the local housing authority decide to vary an interim or final management order.E+W
(2)The local housing authority must serve on each relevant person—
(a)a copy of the authority’s decision to vary the order, and
(b)a notice setting out—
(i)the reasons for the decision and the date on which it was made,
(ii)the right of appeal against the decision under Part 3 of this Schedule, and
(iii)the period within which an appeal may be made (see paragraph 29(2)).
(3)The documents required to be served on each relevant person under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.
Commencement Information
I3Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
12E+WThe requirements of paragraph 9 do not apply if the local housing authority consider that the variation is not material.
Commencement Information
I4Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
13E+WThe requirements of paragraph 9 do not apply if the local housing authority—
(a)have already served a notice under that paragraph in relation to a proposed variation; and
(b)consider that the variation which is now being proposed is not materially different from the previous proposed variation.
Commencement Information
I5Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
14E+WBefore refusing to vary an interim or final management order, the local housing authority must—
(a)serve a notice under this paragraph on each relevant person, and
(b)consider any representations made in accordance with the notice and not withdrawn.
Commencement Information
I6Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
15E+WThe notice under paragraph 14 must state that the authority are proposing to refuse to make the variation and set out—
(a)the reasons for refusing to make the variation, and
(b)the end of the consultation period.
Commencement Information
I7Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
16(1)This paragraph applies where the local housing authority refuse to vary an interim or final management order.E+W
(2)The authority must serve on each relevant person a notice setting out—
(a)the authority’s decision not to vary the order;
(b)the reasons for the decision and the date on which it was made;
(c)the right of appeal against the decision under Part 3 of this Schedule; and
(d)the period within which an appeal may be made (see paragraph 29(2)).
(3)The notices required to be served on each relevant person under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.
Commencement Information
I8Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
17E+WBefore revoking an interim or final management order, the local housing authority must—
(a)serve a notice under this paragraph on each relevant person, and
(b)consider any representations made in accordance with the notice and not withdrawn.
Commencement Information
I9Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
18E+WThe notice under paragraph 17 must state that the authority are proposing to revoke the order and specify—
(a)the reasons for the revocation, and
(b)the end of the consultation period.
Commencement Information
I10Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
19(1)This paragraph applies where the local housing authority decide to revoke an interim or final management order.E+W
(2)The authority must serve on each relevant person—
(a)a copy of the authority’s decision to revoke the order; and
(b)a notice setting out—
(i)the reasons for the decision and the date on which it was made;
(ii)the right of appeal against the decision under Part 3 of this Schedule; and
(iii)the period within which an appeal may be made (see paragraph 29(2)).
(3)The documents required to be served on each relevant person under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.
Commencement Information
I11Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
20E+WBefore refusing to revoke an interim or final management order, the local housing authority must—
(a)serve a notice under this paragraph on each relevant person; and
(b)consider any representations made in accordance with the notice and not withdrawn.
Commencement Information
I12Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
21E+WThe notice under paragraph 20 must state that the authority are proposing to refuse to revoke the order and set out—
(a)the reasons for refusing to revoke the order, and
(b)the end of the consultation period.
Commencement Information
I13Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
22(1)This paragraph applies where the local housing authority refuse to revoke an interim or final management order.E+W
(2)The authority must serve on each relevant person a notice setting out—
(a)the authority’s decision not to revoke the order;
(b)the reasons for the decision and the date on which it was made;
(c)the right of appeal against the decision under Part 3 of this Schedule; and
(d)the period within which an appeal may be made (see paragraph 29(2)).
(3)The notices required to be served on each relevant person under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.
Commencement Information
I14Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
23(1)In this Part of this Schedule “the end of the consultation period” means the last day for making representations in respect of the matter in question.E+W
(2)The end of the consultation period must be a day which is at least 14 days after the date of service of the notice.
(3)In sub-paragraph (2) “the date of service”of a notice means, in a case where more than one notice is served, the date on which the last of the notices is served.
(4)In this Part of this Schedule “relevant person” means any person who, to the knowledge of the local housing authority, is—
(a)a person having an estate or interest in the house or part of it (but who is not a tenant under a lease with an unexpired term of 3 years or less), or
(b)any other person who (but for the order) would be a person managing or having control of the house or part of it.
Commencement Information
I15Sch. 6 wholly in force at 16.6.2006; Sch. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 6 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 6 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
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