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Article 9 Repurchase

(1)

A person who is entitled to assistance by way of repurchase in respect of a defective dwelling may, within the period of 3 months beginning with the service of the Executive's notice under Article 7(2) (or within that period as extended) request the Executive in writing to notify him of the proposed terms and conditions for its acquisition of his interest so far as subsisting in the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied and used for the purposes of the dwelling or any part of it (in this paragraph referred to as the “interest to be acquired”).

(2)

The Executive shall, within the period of 3 months beginning with the making of a request under paragraph (1), serve on the person so entitled a notice in writing specifying the proposed terms and conditions and stating—

(a)

its opinion as to the value of the interest to be acquired, and

(b)

the effect of paragraphs (3) to (5) and (6) (except sub-paragraph (a)).

(3)

Subject to the following provisions of this Part, any agreement for the acquisition by the Executive of the interest to be acquired shall contain such provisions as the parties have agreed or, in default of agreement, as have been determined in accordance with this Part to be reasonable.

(4)

The Executive shall, within 3 months of all the provisions to be included in the agreement being agreed or determined, draw up an agreement for execution by the parties embodying those provisions and serve a copy of the agreement on the person so entitled.

(5)

The person so entitled may, at any time within the period of 6 months beginning with the service of the copy of that agreement (or within that period as extended), notify the Executive in writing that he requires it to enter into an agreement embodying those provisions and the Executive shall comply with the requirement.

(6)

The Executive shall, if there are reasonable grounds for doing so, by notice in writing served on the person so entitled, extend (or further extend)—

(a)

the period within which under paragraph (1) he may make a request under that paragraph; and

(b)

the period within which under paragraph (5) he may notify it of his requirement;

whether or not the period in question has expired.

(7)

Schedule 2 has effect to supplement the provisions of this Article.

Notes on the whole Order

Textual amendments

F1

functions transf. SR 1999/481