Self-build and Custom Housebuilding Act 2015

Section 1

SCHEDULEE+WRegisters under section 1

This schedule has no associated Explanatory Notes

IntroductoryE+W

1E+WRegulations may make provision in relation to registers under section 1.

Commencement Information

I1Sch. para. 1 in force at 1.4.2016 by S.I. 2016/113, reg. 2

The registersE+W

2(1)The regulations may include provision about—E+W

(a)the form in which a register is to be kept;

(b)the content of an entry in a register (including matters not to be included in an entry);

(c)amending an entry;

(d)removing an entry;

(e)the periodic renewal of an entry.

(2)Provision under sub-paragraph (1)(d) may include provision for a relevant authority to remove an entry—

(a)at the request of the person registered;

(b)where the person has acquired land suitable for building a house;

(c)where the person has ceased to be eligible to be entered on its register.

(3)Provision under sub-paragraph (1)(e) may—

(a)specify when an entry falls to be renewed;

(b)provide for a relevant authority to determine when an entry in its register falls to be renewed.

(4)The regulations may include provision about reviewing a register.

(5)Subject to any provision made by the regulations, a relevant authority may determine the form of a register under section 1 and the contents of any entry.

Commencement Information

I2Sch. para. 2 in force at 1.4.2016 by S.I. 2016/113, reg. 2

EligibilityE+W

3(1)The regulations may make provision about a person's eligibility to be entered on a register.E+W

(2)The regulations may include provision relating to—

(a)the circumstances of an individual, including provision about age, nationality and connections to an area;

(b)the type of house intended to be built;

(c)an individual's ability to fund the acquisition of the land and the building of the house;

(d)an individual's intentions as regards occupation of the house.

[F1(2A)Regulations relating to the matters set out in sub-paragraph (2) may provide for eligibility to be determined by reference to criteria set by a relevant authority.]

(3)The regulations may include provision relating to—

(a)the constitution of an association of individuals,

(b)the financial arrangements of an association of individuals, and

(c)the constitution and financial arrangements of a body corporate exercising functions on behalf of an association of individuals.

[F2(4)The regulations may provide—

(a)that persons who fail to meet particular conditions of eligibility, but who meet the other conditions specified, must be entered on a separate part of the register;

(b)that the duty in section 2A does not apply in relation to such persons.]

Textual Amendments

Commencement Information

I3Sch. para. 3 in force at 1.4.2016 by S.I. 2016/113, reg. 2

Applications to be registered etcE+W

4(1)The regulations may make provision about—E+W

(a)applications to be entered on a register, and

(b)applications to renew an entry in a register.

(2)The regulations may require an applicant to supply information, including information about—

(a)the applicant;

(b)the land that the applicant wants, including the applicant's preferred size, location and price;

(c)when the applicant wants to acquire the land;

(d)if the application is made by an association of individuals, the individuals (as well as the association);

(e)if the application is made by a body corporate exercising functions on behalf of an association of individuals, the association and the individuals (as well as the body corporate).

Commencement Information

I4Sch. para. 4 in force at 1.4.2016 by S.I. 2016/113, reg. 2

Right to reviewE+W

5(1)The regulations may make provision about a right to a review of a decision—E+W

(a)to refuse an application to be entered on a register,

(b)to refuse to renew an entry in a register, or

(c)to remove an entry from a register,

on the ground that the person is not eligible, or is no longer eligible, to be entered on the register.

(2)The regulations may—

(a)provide for the time within which a request for a review of a decision must be made;

(b)require a relevant authority to review its decision if a request is duly made;

(c)require a relevant authority to notify a person of the reason for the decision when notifying the person of its decision;

(d)require a relevant authority to notify the person of—

(i)the right to request a review of the decision, and

(ii)the time within which the request must be made;

(e)exclude a review of a decision on a review.

Commencement Information

I5Sch. para. 5 in force at 1.4.2016 by S.I. 2016/113, reg. 2

FeesE+W

6(1)The regulations may provide for the payment of fees to relevant authorities in connection with their functions under [F3sections 1 and 2A] and this Schedule.E+W

(2)The regulations may—

(a)specify the fees payable, or

(b)make provision about the fixing of fees by [F4the Secretary of State or] relevant authorities, including provision about determining the amounts of such fees.

[F5(3)The regulations may specify circumstances in which no fee is to be paid.]

Textual Amendments

Commencement Information

I6Sch. para. 6 in force at 1.4.2016 by S.I. 2016/113, reg. 2