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40. In paragraph 12 of Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) for paragraph (b) substitute—
“(b)the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
(ba)the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;”.
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