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- Point in Time (28/02/2005)
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Version Superseded: 01/10/2009
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(1)In this Part—
[F1“acceptance notice” has the meaning given by section 6(3);]
“associated company”, in relation to a body corporate, means another body corporate which is (within the meaning of section 736 of the M1Companies Act 1985) that body’s holding company, a subsidiary of that body or another subsidiary of that body’s holding company;
[F2“constituent flat” shall be construed in accordance with section 5(1) or 11(2), as the case may require;]
“disposal” [F3shall be construed in accordance with section 4(3) and section 4A (application of provisions to contracts)], and references to the acquisition of an estate or interest shall be construed accordingly;
“landlord”, in relation to any premises, shall be construed in accordance with section 2;
F4. . .
[F5“the nominated person” means the person or persons for the time being nominated by the requisite majority of the qualifying tenants of the constituent flats for the purposes of section 6, 12A, 12B or 12C, as the case may require;]
“offer notice” means a notice served by a landlord under section 5;
“the original disposal” means the relevant disposal referred to in section 11(1);
[F6“the protected interest” means the estate, interest or other subject-matter of an offer notice;]
[F7“the protected period” has the meaning given by section 6(4);]
[F8“purchase notice” has the meaning given by section 12B(2);]
[F9“purchaser” has the meaning given by section 11(3);]
“qualifying tenant”, in relation to a flat, shall be construed in accordance with section 3;
“relevant disposal” shall be construed in accordance with section 4;
“the requisite majority”, in relation to qualifying tenants, shall be construed in accordance with [F10section 18A];
“transferee”, in relation to a disposal, shall be construed in accordance with section 4(3).
(2)In this Part—
(a)any reference to an offer F11. . . is a reference to an offer F11. . . made subject to contract, and
(b)any reference to the acceptance of an offer F11. . . is a reference to its acceptance subject to contract.
(3)Any reference in this Part to a tenant of a particular description shall be construed, in relation to any time when the interest under his tenancy has ceased to be vested in him, as a reference to the person who is for the time being the successor in title to that interest.
(4)The Secretary of State may by regulations make such modifications of any of the provisions of sections 5 to 18 as he considers appropriate, and any such regulations may contain such incidental, supplemental or transitional provisions as he considers appropriate in connection with the regulations.
(5)In subsection (4) “modifications” includes additions, omissions and alterations.
Textual Amendments
F1Definition of “acceptance notice” in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(2); S.I. 1996/2212, art. 2(2) (with Sch.)
F2Definition of “constituent flat” in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(3); S.I. 1996/2212, art. 2(2) (with Sch.)
F3Words in definition of “disposal” in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 89(3); S.I. 1996/2212, art. 2(2) (with Sch.)
F4Definition of “the new landlord” in s. 20(1) repealed (1.10.1996) by 1996 c. 52, ss. 92(1), 227, Sch. 6 Pt. IV para. 3(4), Sch. 19 Pt. III; S.I. 1996/2212, art. 2(2) (with Sch.)
F5Definition of “the nominated person” in s. 20(1) inserted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(5); S.I. 1996/2212, art. 2(2) (with Sch.)
F6Definition of “the protected interest” substituted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(6); S.I. 1996/2212, art. 2(2) (with Sch.)
F7Definition of “the protected period” in s. 20(1) inserted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(7); S.I. 1996/2212, art. 2(2) (with Sch.)
F8Definition of “purchase notice” in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(8); S.I. 1996/2212, art. 2(2) (with Sch.)
F9Definition of “purchaser” in s. 20(1) inserted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(9); S.I. 1996/2212, art. 2(2) (with Sch.)
F10Words in definition of “the requisite majority” in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. IV para. 3(10); S.I. 1996/2212, art. 2(2) (with Sch.)
F11Words in s. 20(2) repealed (1.10.1996) by 1996 c. 52, ss. 92(1), 227, Sch. 6 para. 4, Sch. 19 Pt. III; S.I. 1996/2212, art. 2(2) (with Sch.)
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