Housing Act 2004

Part 1E+WService of copies of prohibition orders

Modifications etc. (not altering text)

C1Sch. 2 Pt. 1 applied by Housing Act 1985 (c. 68), s. 300(5)(b) (as substituted (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5)(f), Sch. 15 para. 20); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

Service on owners and occupiers of dwelling or HMO which is not a flatE+W

1(1)This paragraph applies to a prohibition order where the specified premises are a dwelling or HMO which is not a flat.E+W

(2)The authority must serve copies of the order on every person who, to their knowledge, is—

(a)an owner or occupier of the whole or part of the specified premises;

(b)authorised to permit persons to occupy the whole or part of those premises; or

(c)a mortgagee of the whole or part of those premises.

(3)The copies required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the order is made.

(4)A copy of the order is to be regarded as having been served on every occupier in accordance with sub-paragraphs (2)(a) and (3) if a copy of the order is fixed to some conspicuous part of the specified premises within the period of seven days mentioned in sub-paragraph (3).

Commencement Information

I1Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

Service on owners and occupiers of building containing flats etc.E+W

2(1)This paragraph applies to a prohibition order where the specified premises consist of or include the whole or any part of a building containing one or more flats or any common parts of such a building.E+W

(2)The authority must serve copies of the order on every person who, to their knowledge, is—

(a)an owner or occupier of the whole or part of the building;

(b)authorised to permit persons to occupy the whole or part of the building; or

(c)a mortgagee of the whole or part of the building.

(3)Where the specified premises consist of or include any external common parts of such a building, the authority must, in addition to complying with sub-paragraph (2), serve copies of the order on every person who, to their knowledge, is an owner or mortgagee of the premises in which the common parts are comprised.

(4)The copies required to be served under sub-paragraph (2) or (3) must be served within the period of seven days beginning with the day on which the order is made.

(5)A copy of the order is to be regarded as having been served on every occupier in accordance with sub-paragraphs (2)(a) and (4) if a copy of the order is fixed to some conspicuous part of the building within the period of seven days mentioned in sub-paragraph (4).

Commencement Information

I2Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)