The Housing (Right to Manage) (England) Regulations 2012

Local authority support following proposal notice

24.—(1) Where, before the commencement date—

(a) a TMO requested support under paragraph (1) of regulation 12 of the 2008 Regulations; and

(b) the authority did not make the determination referred to in paragraph (2) of that regulation,

the request for support shall be treated as a request made under regulation 12 of these Regulations and regulations 13 to 20 of these Regulations shall have effect as if the regulation 9 notice were a proposal notice within the meaning of these Regulations.

(2) Where—

(a) on or after the commencement date—

(i) the authority agrees to the TMO’s request for support; or

(ii) an arbitrator notifies the authority and the TMO under paragraph (6) of regulation 12 of the 2008 Regulations of a determination made in relation to that request; and

(b) the authority and the TMO have not commenced preparation of the feasibility study,

the TMO may apply to the approved assessor service to appoint an approved assessor under regulation 13 of these Regulations and the authority and the TMO may prepare an offer in accordance with regulation 14 of these Regulations.

(3) Regulations 13 to 20 of these Regulations shall apply in a case to which paragraph (2) applies as if the regulation 9 notice were a proposal notice accepted under regulation 11.