Modifications etc. (not altering text)
C1Pt. 1 Ch. 1: power to amend conferred (20.1.2007) by Companies Act 2006 (c. 46), ss. 1181(1)(a), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 6, 8(2))
(1)In this Chapter (unless the context otherwise requires)—
[F1“appropriate tribunal” means—
in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
in relation to premises in Wales, a leasehold valuation tribunal.]
“conveyance” includes assignment, transfer and surrender, and related expressions shall be construed accordingly;
“the initial notice” means the notice given under section 13;
[F2“introductory standard contract” has the same meaning given by section 16 of the Renting Homes (Wales) Act 2016 (anaw 1);]
[F3“introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996,]
“the nominee purchaser” shall be construed in accordance with section 15;
“the participating tenants” shall be construed in accordance with section 14;
“premises with a resident landlord” shall be construed in accordance with section 10;
“public sector landlord” means any of the persons listed in section 171(2) of the M1Housing Act 1985;
“qualifying tenant” shall be construed in accordance with section 5;
“the relevant date” has the meaning given by section 1(8);
“relevant landlord” and “the reversioner” shall be construed in accordance with section 9;
“the right to collective enfranchisement” means the right specified in section 1(1);
[F2“secure contract” has the same meaning given by section 8 of the Renting Homes (Wales) Act 2016;]
“secure tenancy” has the meaning given by section 79 of the Housing Act 1985;
“the specified premises” shall be construed in accordance with section 13(12);
“the terms of acquisition” has the meaning given by section 24(8);
“unit” means—
a flat;
any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling; or
a separate set of premises let, or intended for letting, on a business lease.
(2)Any reference in this Chapter (however expressed) to the acquisition or proposed acquisition by the nominee purchaser is a reference to the acquisition or proposed acquisition by the nominee purchaser, on behalf of the participating tenants, of such freehold and other interests as fall to be so acquired under a contract entered into in pursuance of the initial notice.
(3)Any reference in this Chapter to the interest of a relevant landlord in the specified premises is a reference to the interest in those premises by virtue of which he is, in accordance with section 9(2)(b) [F4or (2A)(b)], a relevant landlord.
(4)Any reference in this Chapter to agreement in relation to all or any of the terms of acquisition is a reference to agreement subject to contract.
Textual Amendments
F1Words in s. 38 inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 105 (with Sch. 3)
F2Words in s. 38(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(3)
F3Definition in s. 38(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(b)
F4Words in s. 38(3) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 13; S.I. 1996/2212, art. 2(2) (with savings in Sch.)
Marginal Citations