F1Part IV

Annotations:
Amendments (Textual)

Preliminary

95 Property excluded from right.

1

A building shall be excluded from an acquisition under this Part if on the relevant date—

a

any part or parts of the building is or are occupied or intended to be occupied otherwise than for residential purposes; and

b

the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the building (taken as a whole);

and for the purposes of this subsection the internal floor area of any common parts or common facilities shall be disregarded.

2

In the application of subsection (1) above to property falling within section 93(1)(b) above, a building or part of a building which, apart from this subsection, would not be regarded as occupied for residential purposes shall be so regarded if—

a

it is or is intended to be occupied together with a dwelling-house and used for purposes connected with the occupation of the dwelling-house; or

b

it is or is intended to be used for the provision of services to a dwelling-house which is comprised in a building falling within section 93(1)(a) above.

3

A building shall be excluded from an acquisition under this Part if—

a

it contains two or more dwelling-houses which on the relevant date are occupied by secure tenants who are not qualifying tenants; and

b

the number of dwelling-houses which on that date are occupied by such tenants exceeds 50 per cent. of the total number of dwelling-houses in the building.

4

A dwelling-house shall be excluded from an acquisition under this Part if it is a house and it is occupied on the relevant date by—

a

a secure tenant who is precluded from being a qualifying tenant by section 93(4)(b) above; or

b

a tenant who is not a secure tenant.

5

A building or other property shall be excluded from an acquisition under this Part if—

a

it was specified in some other application made under section 96 below made before the relevant date; and

b

that other application has not been disposed of.

6

Except to the extent that it comprises or is let together with a dwelling-house, property shall be excluded from an acquisition under this Part if it is land held—

a

for the purposes of section 164 of the M1Public Health Act 1875 (pleasure grounds); or

b

in accordance with section 10 of the M2Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds).

7

The Secretary of State may by order substitute for the percentage for the time being specified in subsection (1)(b) above such other percentage as is specified in the order.