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Section 352A Recovery of expenses of notice under s.352.F1C1

England and Wales

(1)

A local housing authority may, as a means of recovering certain administrative and other expenses incurred by them in serving a notice under section 352, make such reasonable charge as they consider appropriate.

(2)

The expenses are the expenses incurred in—

(a)

determining whether to serve a notice under that section,

(b)

identifying the works to be specified in the notice, and

(c)

serving the notice.

(3)

The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.

(4)

A charge under this section may be recovered by the authority from any person on whom the notice under section 352 is served.

(5)

The provisions of Schedule 10 apply to the recovery by the authority of a charge under this section as they apply to the recovery of expenses incurred by the authority under section 375 (expenses of carrying out works required by notice).

(6)

An order under this section—

(a)

may make different provision with respect to different cases or descriptions of case (including different provision for different areas), and

(b)

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

This section has effect subject to any order under section 353(6) (power of court on appeal against s.352 notice).

Annotations

Textual amendments

F1

S. 352A inserted (1.10.1996 for specified purposes otherwise 3.3.1997) by 1996 c. 52, s. 72(1) (with s. 72(3)); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2

Modifications

C1

S. 352A restricted (3.3.1997) by S.I. 1997/228, art. 2

Notes on Part XI

Textual amendments

F1

Ss. 345-400 (Pt. XI) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2) {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))