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Housing Act 2004, Cross Heading: Exceptions from requirements in relation to grant or refusal of licences is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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9E+WThe requirements of paragraph 3 (and those of paragraph 1) do not apply if the local housing authority—
(a)have already served a notice under paragraph 1 but not paragraph 3 in relation to the proposed licence, and
(b)consider that the modifications which are now being proposed are not material in any respect.
Commencement Information
I1Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
10E+WThe requirements of paragraph 3 (and those of paragraph 1) do not apply if the local housing authority—
(a)have already served notices under paragraphs 1 and 3 in relation to the matter concerned, and
(b)consider that the further modifications which are now being proposed do not differ in any material respect from the modifications in relation to which a notice was last served under paragraph 3.
Commencement Information
I2Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
11E+WParagraphs 5, 6 and 8 do not apply to a refusal to grant a licence on particular terms if the local housing authority are proposing to grant the licence on different terms.
Commencement Information
I3Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
[F111AE+WThe requirements of paragraph 5 do not apply where the refusal to grant the licence was because of section 66(3C) or 89(3C) (person with banning order not a fit and proper person).]
Textual Amendments
F1Sch. 5 para. 11A inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 2 para. 12(2); S.I. 2018/393, reg. 2(b)
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