Regulation 5 Additional content of counter-noticeI1

England and Wales

A counter-notice shall contain (in addition to the statement referred to in paragraph (a) or (b) of section 84(2) (counter-notices) of the 2002 Act)—

(a)

a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of section 84(2) of the 2002 Act, the company may apply to a F1... tribunal for a determination that, on the date on which notice of the claim was given, the company was entitled to acquire the right to manage the premises specified in the claim notice;

(b)

a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of section 84(2) of the 2002 Act, the company does not acquire the right to manage the premises specified in the claim notice unless—

(i)

on an application to a F2... tribunal, it is finally determined^f1 that the company was entitled to acquire the right to manage the premises; or

(ii)

the person by whom the counter-notice was given agrees, or the persons by whom the counter-notices were given agree, in writing that the company was so entitled; and

(c)

the information provided in the notes to the form set out in Schedule 3 to these Regulations.

Annotations

Textual amendments

F1: Words in reg. 5(a) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 2 para. 42 (with Sch. 3)
F2: Words in reg. 5(b)(i) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 2 para. 42 (with Sch. 3)

Commencement

I1: Reg. 5 in force at 19.4.2010, see reg. 1(1)

Footnotes

f1: See section 84(7) and (8) of the 2002 Act.