Paragraph 16

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 6 para. 3(1)(c) words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 40(4)
Sch. 6 para. 4(2) words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 40(5)(a)
Sch. 6 para. 4(2) words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 40(5)(b)
Sch. 6 para. 10(2) word substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 40(6)
Sch. 6 words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 40(2)
Sch. 6 words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 40(3)
Sch. 6 omitted by Leasehold and Freehold Reform Act 2024 s. 36(4)

(1)

Where paragraph 14(1) applies to an interest, the value of the interest for the purposes of paragraph 9(2) shall be nil, unless sub-paragraph (2) below applies.

(2)

In a case where paragraph 14(1) applies to F1a freeholder’s interest in the specified premises and to every intermediate leasehold interest—

(a)

sub-paragraph (1) above shall not apply for the purposes of paragraph 9(2); and

(b)

any division falling to be made on the proportional basis referred to in paragraph 9(2) shall be so made in such a way as to secure that the greater the negativity of an interest’s value the smaller the share in respect of the interest.

(3)

In a case where—

(a)

paragraph 14(2) operates to reduce the value of any such superior interest as is there mentioned (“the superior interest”), and

(b)

after the operation of that provision there remains any interest whose value for the relevant purposes is a positive amount,

the value of the superior interest for the purposes of paragraph 9(2) shall be the value which (in accordance with paragraph 14(2)) it has for the relevant purposes.

(4)

In a case where—

(a)

paragraph 14(2) operates to reduce the value of any such superior interest as is there mentioned (“the superior interest”), but

(b)

after the operation of that provision there remains no such interest as is mentioned in sub-paragraph (3)(b) above,

the value of the superior interest for the purposes of paragraph 9(2) shall be the value which it has for the relevant purposes apart from paragraph 14(2).

Annotations

Textual amendments

F1: Word in Sch. 6 para. 16(2) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(14); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

Notes on Schedule 6

Commencement

I1: Sch. 6 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5