Sch. 4A para. 3A inserted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 301(1), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

413

Sch. 4A para. 3 cross-heading substituted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 301(2), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

414

Sch. 4A para. 4A and cross-heading inserted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 302(1), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

415

Words in Sch. 4A para. 5(1) substituted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 302(2)(a), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

416

Words in Sch. 4A para. 5(2)(b) substituted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 302(2)(b)(i), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

417

Words in Sch. 4A para. 5(2) inserted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 302(2)(b)(ii), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

418

Words in Sch. 4A para. 5(2) inserted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 302(2)(b)(iii), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

419

Sch. 4A para. 7 inserted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 302(3), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

420

Words in s. 1(1)(a) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(1)(a), 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

421

S. 1(1)(aa) inserted (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(1)(b), 325(1); S.I. 2009/2096, art. 2(2)(a) (with art. 3(1)(2))

422

Words in s. 1(1A) substituted (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(2)(a)(i), 325(1); S.I. 2009/2096, art. 2(2)(a) (with art. 3(1)(2))

423

Words in s. 1(1A) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(2)(a)(ii), 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

424

Words in s. 1(3A)(b) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

425

S. 1A(2) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(2)(b)(i), 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

426

S. 1AA repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(2)(b)(ii), 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

427

S. 4A repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), ss. 300(2)(b)(iii), 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

428

Words in s. 9(1C) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

429

Words in s. 9A(1) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

430

Words in s. 32A(1)(b) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

431

Sch. 3 para. 6(1A) repealed (7.9.2009 for E.) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2009/2096, art. 2(2)(a)(c) (with art. 3(1)(2))

432

Words in s. 28(5)(a) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 5; S.I. 2009/3318, art. 2(c)

433

Words in Sch. 4A para. 2(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(a) (with art. 6, Sch. 3)

434

Words in Sch. 4A para. 2(3)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(b) (with art. 6, Sch. 3)

435

Sch. 4A para. 2(5) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(c) (with art. 6, Sch. 3)

436

Words in Sch. 4A para. 4(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(3)(a) (with art. 6, Sch. 3)

437

Words in Sch. 4A para. 4(2)(c) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(3)(a) (with art. 6, Sch. 3)

438

Words in Sch. 4A para. 4(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(3)(b) (with art. 6, Sch. 3)

439

Sch. 4A para. 2(2)(bc) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 1

440

Words in s. 28(5)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 85(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 20)

441

Words in s. 1(3A) omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 37(1)(2)(a)

442

Words in s. 23(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 15 (with s. 20(2), Sch. 8)

443

Words in s. 37(1)(ba)(i) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 2; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

444

S. 28(6)(a) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 85(3); S.I. 2012/2892, art. 2(i)

445

Words in s. 28(5)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 10(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

446

Words in s. 28(5)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 10(a)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

447

Words in s. 28(6)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 10(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

448

Words in s. 28(6)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 10(b)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

449

Words in s. 9(4A) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 4 (with Sch. 3)

450

Words in s. 14(2A) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 5 (with Sch. 3)

451

Words in s. 21(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 6(b) (with Sch. 3)

452

Words in s. 21(1B) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 6(b) (with Sch. 3)

453

Words in s. 21(2A) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 6(b) (with Sch. 3)

454

Words in s. 21(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 6(b) (with Sch. 3)

455

Words in s. 27(5)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 7 (with Sch. 3)

456

Words in s. 31(2)(a) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 8 (with Sch. 3)

457

S. 37(1)(aa) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 9 (with Sch. 3)

458

Words in Sch. 1 para. 5(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 10 (with Sch. 3)

459

Words in Sch. 2 para. 2(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 11 (with Sch. 3)

460

Words in s. 21 heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 6(a) (with Sch. 3)

461

Words in s. 15(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 29 (with s. 89); S.I. 2014/768, art. 2(1)(b)

462

Words in Sch. 2 para. 4 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 99(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

463

Words in Sch. 2 para. 4 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 99(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

464

Word in s. 19(10) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 32 (with Sch. 5 Pt. 4)

465

Words in s. 28(5)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(4); S.I. 2015/994, art. 6(g)

466

Sch. 1 paras. 7A(7)-(10) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), s. 216(1)(c), Sch. 10 para. 1(4) (with Sch. 10 para. 1(5))

467

Sch. 1 para. 7A(1) substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), s. 216(1)(c), Sch. 10 para. 1(2) (with Sch. 10 para. 1(5))

468

Sch. 1 para. 7A(5)(6) omitted (12.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(1)(c), Sch. 10 para. 1(3) (with Sch. 10 para. 1(5))

469

Words in s. 28(5)(a) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 28; S.I. 2018/227, reg. 4(c)

470

Sch. 4A para. 2(2)(bb) substituted (31.1.2017 for specified purposes,1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 29; S.I. 2018/277, reg. 4(c)

471

Words in s. 28(5)(a) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 18; S.I. 2017/399, reg. 2, Sch. para. 38

472

Sch. 4A para. 2(2)(ba) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 19; S.I. 2017/399, reg. 2, Sch. para. 38

473

Sch. 4A para. 2 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 24(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

474

S. 28 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 1

475

Words in s. 31(2) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 9(2); S.I. 2019/97, art. 2

476

S. 31(5) substituted (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 9(3); S.I. 2019/97, art. 2

477

Words in s. 1(3) added (1.11.1993) by 1993 c. 28, s. 67(2); S.I. 1993/2134, art 5(b) (subject to arts. 4, 5, Sch. 1 para. 1)

478

Words in s. 31(1) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 11(2)(a) (with ss. 42(4), 48, 52(1))

479

Words in s. 31(1) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 11(2)(b) (with ss. 42(4), 48, 52(1))

480

Words in s. 31(2) omitted (coming into force in accordance with s. 53(3) of the amending Measure) by virtue of Cathedrals Measure 2021 (No. 2), Sch. 4 para. 11(3)(a) (with ss. 42(4), 48, 52(1))

481

Words in s. 31(2) inserted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 11(3)(b) (with ss. 42(4), 48, 52(1))

482

Words in s. 31(3) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 11(4)(a) (with ss. 42(4), 48, 52(1))

483

Words in s. 31(3) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 11(4)(b) (with ss. 42(4), 48, 52(1))

484

Words in s. 28 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

485

Words in s. 28(5)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 4(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

486

Words in s. 28(6)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 4(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

487

Words in s. 28(5)(a) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 6 (with s. 247)

488

S. 1(1)(b) and word omitted (31.1.2025) by virtue of Leasehold and Freehold Reform Act 2024 (c. 22), ss. 27(1)(a), 124(3); S.I. 2025/57, reg. 2

489

Word in s. 1(1ZC) substituted (31.1.2025) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 27(1)(b), 124(3); S.I. 2025/57, reg. 2

2A

(1) If—

(a) the landlord commences proceedings under Part 2 of the Landlord and Tenant Act 1954; and

(b) the tenant subsequently makes a claim to acquire the freehold or an extended lease of the property; and

no further steps shall be taken in the proceedings under Part 2 otherwise than for their dismissal and for the making of any consequential order.

(2) Section 64 of the Landlord and Tenant Act 1954 shall have no effect in a case to which sub-paragraph (1) above applies.

3A

(1) A lease which does not fall within paragraph 3 is excluded from the operation of this Part of this Act if the lease—

(a) meets the conditions mentioned in sub-paragraph (2);

(b) meets any other prescribed conditions; and

(2) The conditions referred to in sub-paragraph (1)(a) are that the lease—

(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;

(d) does not restrict the tenant's powers to mortgage or charge his interest in the house;

(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;

(f) provides for the tenant to acquire the landlord's interest on terms specified in the lease and complying with such requirements as may be prescribed; and

(g) states the landlord's opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.

(3) In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition specified in paragraph (g) of that sub-paragraph is not met.

Certain leases in protected areas

4A

(1) A lease which does not fall within paragraph 3 or 3A is excluded from the operation of this Part of this Act if—

(a) the lease meets the conditions mentioned in sub-paragraph (2);

(b) any provision in the lease for the tenant to acquire the landlord's interest provides for the tenant to acquire the interest on terms specified in the lease and complying with such requirements as may be prescribed;

(d) the lease does not fall within any prescribed exemptions; and

(e) the house is in a protected area.

(2) The conditions referred to in sub-paragraph (1)(a) are that the lease—

(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;

(d) does not restrict the tenant's powers to mortgage or charge his interest in the house;

(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed; and

(f) states the landlord's opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.

(3) The appropriate national authority may by order made by statutory instrument designate an area as a protected area if it considers it appropriate to do so to support the provision in the area of houses, or descriptions of houses, which are available for occupation in accordance with shared ownership arrangements.

(4) The appropriate national authority must publish the criteria for the time being in force which are to be taken into account by it in deciding whether to designate an area as a protected area.

(5) Before making an order under sub-paragraph (3) the appropriate national authority must take such steps as it considers to be reasonable to consult those likely to be affected by the order.

(6) In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition mentioned in paragraph (f) of that sub-paragraph is not met.

(7) An order under this paragraph may contain such incidental, supplementary, transitory, transitional or saving provisions as the appropriate national authority considers appropriate.

(8) In this paragraph “shared ownership arrangements” has the same meaning as in section 70 of the Housing and Regeneration Act 2008.

(9) An instrument containing—

(a) an order of the Secretary of State under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) an order of the Welsh Ministers under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7

In this Schedule “appropriate national authority” means—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the Welsh Ministers.

Right or persons holding leasehold interest in place of worship or minister’s house to acquire freehold.

The repeals in this Part of this Schedule are made subject to the provisions of Schedule 5 to this Act.

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