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Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)(The document as of February, 2008) Page 22 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 (b) on such other persons (if any) as the appropriate Minister thinks fit. (6) Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) is first published. (7) Where in accordance with sub-paragraph (4) the order is subject to special parliamentary procedure, sub-paragraph (6) shall not apply. (8) If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground-- (a) that it is not within the powers conferred by this paragraph, or (b) that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) is first published, make an application to the High Court under this paragraph. (9) On any application under sub-paragraph (8) the High Court-- (a) may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and (b) if satisfied-- (i) that the order is wholly or to any extent outside the powers conferred by this paragraph; or (ii) that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant. (10) Subject to sub-paragraph (8), the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made. 18 (1) For the purposes of paragraphs 15 and 17, an objection to the making of an order thereunder shall not be treated as duly made unless-- (a) the objection is made within the time and in the manner specified in the notice required by paragraph 16 or 17 (as the case may be); and (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection. (2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 15, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister. (3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision-- (a) shall consider the grounds of the objection as set out in the statement; and (b) may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates. (4) In so far as the appropriate Minister after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision. (5) In any case where-- (a) after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates; or (b) a further statement has been required but is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates. (6) Subject to sub-paragraphs (4) and (5), the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion-- (a) to the person (being the Agency or the statutory undertakers) on whose representation the order is proposed to be made; and (b) to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity. (7) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with. (8) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made. Interpretation19 (1) Any expression used in this Part of this Schedule to which a meaning is assigned by paragraph 1 of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984 has that meaning in this Part. (2) In this Part of this Schedule "statutory undertakers" means persons who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the [1990 c. 8.] Town and Country Planning Act 1990; and "statutory undertaking" shall be construed in accordance with section 262 of that Act (meaning of "statutory undertaker"). (3) In this Part of this Schedule "the appropriate Minister" shall be construed as if contained in Part XI the [1990 c. 8.] Town and Country Planning Act 1990; and any reference to the Secretary of State and the appropriate Minister shall be similarly construed. Part III Acquisition of Rights20 (1) The [1965 c. 56.] Compulsory Purchase Act 1965 (in this Part of this Schedule referred to as "the 1965 Act") shall have effect with the modifications necessary to make it apply to the compulsory acquisition of rights by virtue of section 162(2) of this Act as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the 1965 Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context. (2) Without prejudice to the generality of sub-paragraph (1), in relation to the acquisition of rights by virtue of section 162(2) of this Act-- (a) Part I of the 1965 Act (which relates to compulsory purchases under the [1981 c. 67.] Acquisition of Land Act 1981) shall have effect with the modifications specified in paragraphs 21 to 23; and (b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation. 21 For section 7 of the 1965 Act (which relates to compensation) there shall be substituted the following section-- (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right. (2) The modifications subject to which subsection (1) of section 44 of the [1973 c. 26.] Land Compensation Act 1973 (compensation for injurious affectation) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words "land is acquired or taken" there shall be substituted the words "a right over land is acquired" and for the words "acquired or taken from him" there shall be substituted the words "over which the right is exercisable". " 22 For section 8 of the 1965 Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following section-- (1) Where in consequence of the service on a person in pursuance of section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house ("the relevant land")-- (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal ("the Tribunal"); and (b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and-- (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the compulsory purchase order to which the notice to treat relates shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs. (2) Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of the preceding subsection shall be determined by the Tribunal. (3) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) of this section a compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice. (4) The modifications subject to which subsection (1) of section 58 of the [1973 c. 26.] Land Compensation Act 1973 (determination of material detriment) is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) of this section, are that-- (a) at the beginning of paragraphs (a) and (b) there shall be inserted the words "a right over"; (b) for the word "severance" there shall be substituted the words "right on the whole of the house, building or manufactory or of the house and the park or garden"; and (c) for the words "part proposed" and "part is" there shall be substituted respectively the words "right proposed" and "right is". " 23 (1) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely-- (a) section 9(4) (failure of owners to convey); (b) paragraph 10(3) of Schedule 1 (owners under incapacity); (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land), shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority. (2) Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly. (3) Section 20 of the 1965 Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question. (4) Section 22 of the 1965 Act (protection of acquiring authority's possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation. Section 187(1). SCHEDULE 21 Minor and Consequential AmendmentsLand Registration Act 1925 (c. 21)1 In section 49(1) of the Land Registration Act 1925 (rules to provide for notices of other rights, interests and claims), there shall be added at the end-- " (k) orders made under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 which in the case of unregistered land may be protected by registration under the Land Charges Act 1972 and which, notwithstanding section 59 of this Act, it may be deemed expedient to protect by notice instead of by caution. " Landlord and Tenant Act 1954 (c. 56)2 In subsection (1) of section 60 of the Landlord and Tenant Act 1954 (special provisions as to premises provided by English Industrial Estates Corporation etc.), for the words "the English Industrial Estates Corporation" there shall be substituted the words "the Urban Regeneration Agency". Parliamentary Commissioner Act 1967 (c. 13)3 (1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), after the entry "Urban development corporations." there shall be inserted the following entry-- " Urban Regeneration Agency. " (2) After Note 10 of that Schedule there shall be inserted the following Note-- " 11 In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning. " Leasehold Reform Act 1967 (c. 88)4 In subsection (1A) of section 21 of the Leasehold Reform Act 1967 (jurisdiction of leasehold valuation tribunals), for the words from "be" onwards there shall be substituted the words "comply with any requirements imposed by regulations under subsection (4A)(a) or (b) below". Land Compensation Act 1973 (c. 26)5 After section 12 of the [1967 c. 88.] Land Compensation Act 1973 (tenants entitled to enfranchisement or extension under Leasehold Reform Act 1967) there shall be inserted the following section-- " 12A Tenants participating in collective enfranchise-ment, or entitled to individual lease extension, under Part I of Leasehold Reform, Housing and Urban Development Act 1993.(1) A tenancy to which subsection (2) or (3) below applies ("a qualifying tenancy") shall be treated as an owner's interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified. (2) This subsection applies to a tenancy if the tenant, on the relevant date-- (a) is in respect of the tenancy a qualifying tenant for the purposes of Chapter I of Part I of the 1993 Act (collective enfranchisement); and (b) by virtue of the tenancy, either-- (i) is a participating tenant in relation to a claim to exercise the right to collective enfranchisement under that Chapter; or (ii) is one of the participating tenants on whose behalf the acquisition by the nominee purchaser has been made in pursuance of such a claim. (3) This subsection applies to a tenancy if the tenant, on the relevant date and in respect of the tenancy, is a qualifying tenant for the purposes of Chapter II of Part I of the 1993 Act (individual right to acquire new lease) who-- (a) has on or before that date given notice under section 42 of that Act (notice by qualifying tenant of claim to exercise right); and (b) has not acquired a new lease before that date. (4) If no claim is made in respect of a qualifying tenancy before the claimant has ceased to be entitled to it in consequence of a lease being granted to him by the nominee purchaser or, as the case may be, under Chapter II of Part I of the 1993 Act, the claimant may make a claim in respect of the qualifying tenancy as if he were still entitled to it. (5) No claim shall be made by virtue of subsection (4) above after the claimant has ceased to be entitled to the lease referred to in that subsection, but such a claim may be made before the first claim day if it is made before the claimant has disposed of that lease and after he has made a contract for disposing of it. (6) Compensation shall not be payable before the first claim day on any claim made by virtue of subsection (5) above. (7) Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (4) or (5) above, sufficient particulars to show that it falls within that subsection. (8) In relation to a claim made by virtue of subsection (4) above, section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date. (9) In this section-- (a) "the 1993 Act" means the Leasehold Reform, Housing and Urban Development Act 1993; and (b) "participating tenant", "nominee purchaser" and "the acquisition by the nominee purchaser" shall be construed in accordance with sections 14, 15 and 38(2) of that Act respectively. " Local Government Act 1974 (c. 7)6 (1) In subsection (1) of section 25 of the Local Government Act 1974 (authorities subject to investigation), after paragraph (be) there shall be inserted the following paragraph-- " (bf) the Urban Regeneration Agency; " . (2) In subsection (7) of section 26 of that Act (matters subject to investigation) after paragraph (b) there shall be inserted the following paragraph-- " (ba) where the complaint relates to the Urban Regeneration Agency, any designated area within the meaning of Part III of the Leasehold Reform, Housing and Urban Development Act 1993; " . (3) In Schedule 5 to that Act (matters not subject to investigation) after paragraph 7 there shall be inserted the following paragraph-- " 8 Action taken by the Urban Regeneration Agency which is not action in connection with functions in relation to town and country planning. " Rent Act 1977 (c. 42)7 In subsection (1)(b) of section 74 of the Rent Act 1977 (regulations), for the words from "by rent officers" onwards there shall be substituted the words-- " (i) by rent officers under this Act; and (ii) by rent assessment committees whether under this Act or otherwise; and " . Derelict Land Act 1982 (c. 42)8 In subsection (5) of section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in the definition of "the prescribed percentage", for paragraphs (b) and (c) there shall be substituted the following paragraph-- " (b) in any other case, 80 per cent. or such other percentage as may be prescribed by order made by the Secretary of State with the consent of the Treasury. " National Heritage Act 1983 (c. 47)9 After subsection (2A) of section 33 of the National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England) there shall be inserted the following subsection-- " (2B) In relation to England, the Commission may make, or join in the making of, applications under section 73(1) of the Leasehold Reform, Housing and Urban Development Act 1993, and may exercise, or participate in the exercise of, any rights or powers conferred by a scheme approved under section 70 of that Act. " Housing Act 1985 (c. 68)10 In subsection (3) of section 101 of the Housing Act 1985 (rent not to be increased on account of tenant's improvements), for paragraph (a) there shall be substituted the following paragraph-- " (a) a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the tenant or in the course of the administration of his estate; " . 11 In subsection (2) of section 130 of that Act (reduction of discount where previous discount given), after paragraph (aa) there shall be inserted the following paragraph-- " (ab) in pursuance of the provision required by paragraphs 3 to 5 or paragraph 7 of Schedule 6A (redemption of landlord's share), or " . 12 For subsection (3) of section 140 of that Act (landlord's first notice to complete) there shall be substituted the following subsection-- " (3) A notice under this section shall not be served earlier than twelve months after-- (a) the service of the landlord's notice under section 125 (notice of purchase price and other matters), or (b) where a notice has been served under section 146 (landlord's notice admitting or denying right to acquire on rent to mortgage terms), the service of that notice. " 13 (1) Immediately before section 153A of that Act (tenant's notices of delay) there shall be inserted the following italic cross heading-- " Tenant's sanction for landlord's delays " .(2) In subsection (1) of that section-- (a) in paragraph (e), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms"; and (b) for the words "any of the cases in paragraphs (a) to (d)" there shall be substituted the words "either of the cases in paragraphs (a) and (b)". (3) In subsection (3) of that section-- (a) for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms"; (b) for the words "any of the cases in paragraphs (a) to (d)" there shall be substituted the words "either of the cases in paragraphs (a) and (b)"; and (c) for the words "section 125, section 146 or section 147" there shall be substituted the words "or section 125". 14 (1) In subsection (1) of section 153B of that Act (payments of rent attributable to purchase price etc.), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". (2) In subsection (2) of that section, for the words "any of paragraphs (c) to (e)" there shall be substituted the words "paragraph (d) or (e)". (3) In subsection (3) of that section, for the words "the tenant's initial contribution for the grant of a shared ownership lease" there shall be substituted the words "the tenant's initial payment". 15 In subsection (2) of section 158 of that Act (consideration for reconveyance or surrender under section 157), after paragraph (a) there shall be inserted the following paragraph-- " (aa) any covenant required by paragraph 1 of Schedule 6A (obligation to redeem landlord's share where conveyance or grant executed in pursuance of right to acquire on rent to mortgage terms), and " . 16 (1) In subsection (1) of section 164 of that Act (Secretary of State's general power to intervene), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". (2) In subsection (4) of that section, for the words "the right to a mortgage or the right to be granted a shared ownership lease" there shall be substituted the words "or the right to acquire on rent to mortgage terms". (3) In subsection (5) of that section, for the words "the right to a mortgage and the right to be granted a shared ownership lease" there shall be substituted the words "and the right to acquire on rent to mortgage terms". 17 In subsection (1) of section 167 of that Act (power to give directions as to covenants and conditions), after paragraph (b) there shall be inserted the words " or (c) in the case of conveyances or grants executed in pursuance of the right to acquire on rent to mortgage terms, the conveyances or grants would not conform with Schedule 6A, " . 18 In subsection (2) of section 170 of that Act (power to give assistance in connection with legal proceedings), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". 19 In subsection (2) of section 171C of that Act (modifications of Part V in relation to preserved right), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". 20 (1) In subsection (2) of section 177 of that Act (errors and omissions in notices), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". (2) In subsection (3) of that section, for the entries relating to section 147 and paragraph 1(3) of Schedule 8 there shall be substituted the following entry-- " section 146 (landlord's notice admitting or denying right to acquire on rent to mortgage terms). " 21 For section 178 of that Act there shall be substituted the following section-- " 178 Costs.An agreement between the landlord and a tenant claiming to exercise-- (a) the right to buy, (b) the right to acquire on rent to mortgage terms, or (c) any such right as is mentioned in paragraph 2(1) or 6(1) of Schedule 6A (redemption of landlord's share: right to make final or interim payment), is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord in connection with the tenant's exercise of that right. " 22 In subsection (1) of section 179 of that Act (provisions restricting right to buy etc. of no effect), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". 23 In subsection (1) of section 181 of that Act (jurisdiction of county court), for the words "a shared ownership lease granted in pursuance of this Part" there shall be substituted the words "a conveyance or grant executed in pursuance of the right to acquire on rent to mortgage terms". 24 (1) In subsection (2) of section 184 of that Act (land let with or used for purposes of dwelling-house), for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". (2) In subsection (3) of that section, for the words "right to be granted a shared ownership lease" there shall be substituted the words "right to acquire on rent to mortgage terms". 25 In section 188 of that Act (index of defined expressions: Part V), at the appropriate places in alphabetical order there shall be inserted the following entries--
Landlord and Tenant Act 1987 (c. 31)26 In subsection (2) of section 4 of the Landlord and Tenant Act 1987 (relevant disposals), after paragraph (d) there shall be inserted the following paragraph-- " (da) a disposal of any freehold or leasehold interest in pursuance of Chapter I of Part I of the Leasehold Reform, Housing and Urban Development Act 1993; " . 27 In subsection (2) of section 13 of that Act (determination by rent assessment committees of questions relating to purchase notices), for the words from "be" to "particulars," there shall be substituted the words "comply with such requirements (if any) as to the form of, or the particulars to be contained in, any such application". Town and Country Planning Act 1990 (c. 8)28 In subsection (5)(a) of section 1 of the Town and Country Planning Act 1990 (subsections (1) to (4) of that section have effect subject to sections 5 to 8), for "8" there shall be substituted "8A". 29 After section 8 of that Act (local planning authority in housing action area) there shall be inserted the following section-- " 8A The Urban Regeneration Agency.(1) Where a designation order under section 170 of the Leasehold Reform, Housing and Urban Development Act 1993 (power to make designation orders) makes such provision as is mentioned in subsection (1) of section 171 of that Act (Agency as local planning authority), the Urban Regeneration Agency shall be the local planning authority for such area as may be specified in the order in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified. (2) Where such an order makes such provision as is mentioned in subsection (3)(a) of section 171 of that Act, the Urban Regeneration Agency shall have the functions specified in the order for such area as may be so specified in place of any authority (except the Secretary of State) who would otherwise have them in that area. " Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)30 (1) In subsection (1) of section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation areas in exercise of planning functions), for the words "powers under" there shall be substituted the words "functions under or by virtue of". (2) In subsection (2) of that section there shall be added at the end "and sections 70 and 73 of the Leasehold Reform, Housing and Urban Development Act 1993". 31 In paragraphs 2 and 4 of Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), for the words "and 8" there shall be substituted the words "8 and 8A". Planning (Hazardous Substances) Act 1990 (c. 10)32 After subsection (5) of section 3 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities in certain special cases) there shall be inserted the following subsection-- " (5A) If the land is in an area for which the Urban Regeneration Agency is the local planning authority in relation to all kinds of development, the Agency shall be the hazardous substances authority for the land unless subsection (1) or (2) applies. " Section 187(2). SCHEDULE 22 Repeals
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