OpenLegislation

Section 22A Certificates required in case of occupier’s applicationF1

England and Wales

(1)

A local housing authority shall not entertain an occupier’s application for a grant unless it is accompanied by an occupier’s certificate.

(2)

An “occupier’s certificate”, for the purposes of an application for a grant, certifies—

(a)

that the application is an occupier’s application, and

(b)

that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the qualifying houseboat or F2caravan (as the case may be) as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

(3)

Except where the authority consider it unreasonable in the circumstances to require such a certificate, they shall not entertain an occupier’s application for a grant unless it is also accompanied by a consent certificate from each person (other than the applicant) who at the time of the application—

(a)

is entitled to possession of the premises at which the qualifying houseboat is moored or, as the case may be, the F3land on which the F4caravan is stationed; or

(b)

is entitled to dispose of the qualifying houseboat or, as the case may be, the F5caravan.

(4)

A “consent certificate”, for the purposes of subsection (3), certifies that the person by whom the certificate is given consents to the carrying out of the relevant works.

Annotations

Textual amendments

F1

S. 22A inserted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 6 (with art. 11(2))

F2

Word in s. 22A(2)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(4)(a), 270(3)(a) (with s. 224(9))

F3

Word in s. 22A(3)(a) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(4)(b), 270(3)(a) (with s. 224(9))

F4

Word in s. 22A(3)(a) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(4)(a), 270(3)(a) (with s. 224(9))

F5

Word in s. 22A(3)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(4)(a), 270(3)(a) (with s. 224(9))

Notes on Chapter I

Modifications

C1

Pt. I Ch. I (ss. 1-59) excluded (17.12.1996) by S.I. 1996/2890, reg. 3(1)

C2

Pt. I Ch. I modified (temp.) (E.) (coming into force in accordance with regs. 1(2)-(4), 3 of the amending S.I.) by The Disabled Peoples Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862), reg. 23, Sch. 2 (with reg. 22)