HC Deb 11 May 2004 vol 421 cc268-9

Amendments made: No. 75, in page 135, leave out lines 24 to 39 and insert— (1A) The occupier may serve on the owner a request for the owner to approve a person for the purpose of sub-paragraph (1) above. (1B)If a person ("the recipient") receives such a request and he—

  1. (a) though not the owner, has an estate or interest in the protected site, and
  2. (b) believes that another person is the owner (and that the other person has not received such a request),
the recipient must take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient received it. (1C)Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—
  1. (a) approve the person, unless it is reasonable for him not to do so, and
  2. (b) serve on the occupier notice of his decision whether or not to approve the person.
 (1D)A notice under sub-paragraph (1C)above must specify—
  1. (a) if the approval is given subject to conditions, the conditions, and
  2. (b) if the approval is withheld, the reasons for withholding it.
 (1E)The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1C) (a)above. (1F)If the owner fails to notify the occupier as required by sub-paragraphs (1C)and (1D)above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1)above; and the court may make such an order if it thinks fit. (1G)It is for the owner—
  1. (a) if he served a notice as mentioned in sub-paragraphs (1C)and (1D)and the question arises whether he served the notice within the required period of 28 days, to show that he did;
  2. (b) if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;
  3. (c) if he did not give approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.
 (1H)A request or notice under this paragraph—
  1. (a) must be in waiting, and
    2. 269
  2. (b) may be served by post.";'.

No. 76, in page 135, leave out from the beginning of line 46 to the end of line 2 on page 136 and insert— '"(2) Sub-paragraphs (1A) to (1H) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph'".—[Paul Clark.]

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