Explanatory note
(This note is not part of the Regulations)
These Regulations, which are made under section 34A of the Housing Act 1985, set out the procedure to be followed where a tenant group wishes to serve a notice on an authority proposing that the authority should dispose of particular land used for housing purposes under Part 2 of the Housing Act 1985 to a private registered provider of social housing. The Regulations impose requirements on the authority to co-operate where a notice is served pursuant to these Regulations.
The Regulations apply to England only.
The Regulations are divided into 5 parts.
Part 1 provides general provisions for:
Secretary of State guidance relating to these Regulations (regulation 3);
conditions that the tenant group must satisfy (regulation 4) ;
content of the proposal notice (regulation 5);
extension of time (regulation 6);
written communications (regulation 7);
appointment of an arbitrator (regulation 8); and
determination by the Secretary of State (regulation 9).
Part 2 is the initiating the process stage and provides for:
service of the proposal notice (regulation 10);
acceptance of the proposal notice (regulation 11);
rejection of the proposal notice (regulation 12); and
request for a determination by the Secretary of State (regulation 13).
Part 3 is the feasibility study stage and provides for:
a feasibility study (regulation 14);
the duties of the authority (regulation 15);
the content of the feasibility study statement (regulation 16); and
the grounds on which an authority may reject a feasibility study statement (regulation 17).
Part 4 is the development stage and provides for:
the duties of the authority (regulation 18);
the timetable to take forward a proposal (regulation 19);
procedure on the failure to agree a timetable (regulation 20);
consultation with tenants (regulation 21); and
Secretary of State consent (regulation 22).
Part 5 provides for the procedure to be followed on an application to the Secretary of State for a determination.