Regulation 5 Withdrawal of approval of a scheme

(1)

An approval of a scheme under section 64(2)(b)(i) of the Act remains valid until it is withdrawn by the Secretary of State.

(2)

Before withdrawing approval of a scheme, the Secretary of State must give the scheme administrator a notice stating—

(a)

that the Secretary of State proposes to withdraw approval of the scheme,

(b)

the reasons for the proposed withdrawal of approval, and

(c)

that representations about the proposed withdrawal of approval may be made within such period of not less than 10 working days as is specified in the notice.

(3)

Where, after the period specified in the notice given under paragraph (2) expires, the Secretary of State decides to withdraw approval, the Secretary of State must give the scheme administrator a notice stating—

(a)

that approval of the scheme is to be withdrawn,

(b)

the reasons for withdrawing approval, and

(c)

the date on which the withdrawal of approval is to take effect.

(4)

Where the Secretary of State gives the scheme administrator a notice under paragraph (3), the scheme administrator must—

(a)

before the end of the period of 25 working days beginning with the day on which the scheme administrator received the notice, give a notice to every scheme member stating—

(i)

that approval of the scheme is to be withdrawn, and

(ii)

the date on which the withdrawal of approval is to take effect;

(b)

before the withdrawal of approval takes effect, provide to the scheme administrator of another landlord redress scheme such information relating to—

(i)

scheme members, and

(ii)

complaints made under the scheme (including complaints which have been closed),

as would enable that scheme administrator to continue the operation of the compulsory aspects^f1 of the scheme.

(5)

Where, under paragraph (4)(b), there is more than one scheme administrator to whom the information might be provided, the Secretary of State may direct the scheme administrator as to which of those scheme administrators to provide the information to.

Annotations

Footnotes

f1: See section 65(10) of the Act for the meaning of “compulsory aspects”.