Part VIE+W Rights of owners etc. to require purchase of interests

Modifications etc. (not altering text)

C1Part VI (ss. 137-171): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

Pt. VI (ss. 137-171) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Chapter IIE+W Interests Affected by Planning Proposals: Blight

Personal representatives, mortgagees and partnershipsE+W

164 Special provisions as to partnerships.E+W

(1)This section shall have effect for the purposes of the application of this Chapter to a hereditament or agricultural unit occupied for the purposes of a partnership firm.

(2)Occupation for the purposes of the firm shall be treated as occupation by the firm, and not as occupation by any one or more of the partners individually, and the definitions of “owner-occupier” in section 168(1) and (2) shall apply in relation to the firm accordingly.

(3)If, after the service by the firm of a blight notice, any change occurs (whether by death or otherwise) in the constitution of the firm, any proceedings, rights or obligations consequential upon that notice may be carried on or exercised by or against, or, as the case may be, shall be incumbent upon, the partners for the time being constituting the firm.

(4)Nothing in this Chapter shall be construed as indicating an intention to exclude the operation of the definition of “person” in Schedule 1 to the M1Interpretation Act 1978 (by which, unless the contrary intention appears, “person” includes any body of persons corporate or unincorporate) in relation to any provision of this Chapter.

(5)Subsection (2) shall not affect the definition of “resident owner-occupier” in section 168(3).

Marginal Citations