xmlns:atom="http://www.w3.org/2005/Atom"

PART 5Determination by the Secretary of State

Interpretation

24.  In this part—

“applicant” means—

(a)

the authority, where the authority applies for the determination; or

(b)

the tenant group, where the tenant group applies for the determination; and

“respondent” means—

(a)

the authority, where the tenant group is the applicant; or

(b)

the tenant group, where the authority is the applicant.

Procedure

25.—(1) The applicant must send to the Secretary of State—

(a)a notice (“a determination notice”) stating that the applicant is seeking a determination under these Regulations;

(b)any evidence relating to the determination that the applicant wishes the Secretary of State to take into consideration; and

(c)a copy of the proposal notice and feasibility study statement (where applicable).

(2) The authority must send copies of the documents set out in paragraph (1) to the respondent and any interested parties.

(3) The respondent and interested parties—

(a)must indicate to the Secretary of State and the applicant, within 7 days of receipt of the determination notice, whether they wish to respond to the determination notice; and

(b)where they have indicated that they wish to respond, must submit their response within 28 days of the receipt by them of a copy of the determination notice, to the Secretary of State, the applicant and any interested parties.

(4) Where the respondent or an interested party has submitted a response to the determination notice pursuant to paragraph (3)(b), the applicant and any other interested party—

(a)must indicate to the Secretary of State, the respondent and any interested party, within 7 days of receipt of the response, whether it wishes to submit further evidence; and

(b)if it does so indicate, must submit that further evidence within 28 days of receipt of the response, to the Secretary of State, the respondent and any interested parties.

(5) Notification of the determination of the Secretary of State must be sent to the authority, tenant group and interested parties.