3(1)An application to the Secretary of State for approval of a schemeE+W
[F1(a)may only be made after the applicant has consulted the Regulator of Social Housing,
(b)shall be made in such manner as the Secretary of State may determine, and
(c)shall be accompanied by such information as the Secretary of State may require.]
(2)If it appears to the Secretary of State that the scheme—
(a)provides for the matters specified in paragraph 2, and
(b)is a satisfactory scheme for the purposes of this Schedule,
he shall approve the scheme.
(3)An amendment of an approved scheme is not effective unless approved by the Secretary of State.
Sub-paragraph (1) applies in relation to an application for approval of an amendment as it applies to an application for approval of a scheme; and the Secretary of State shall approve the amendment if it appears to him that the scheme as amended meets the conditions in sub-paragraph (2).
(4)The Secretary of State may withdraw his approval of a scheme.
(5)If the Secretary of State proposes to withdraw his approval of a scheme, he shall serve on the person administering the scheme and on the housing ombudsman under the scheme, a notice stating—
(a)that he proposes to withdraw his approval,
(b)the grounds for the proposed withdrawal of his approval, and
(c)that the person receiving the notice may make representations with respect to the proposed withdrawal of approval within such period of not less than 14 days as is specified in the notice;
and he shall, before reaching a decision on whether to withdraw approval, consider any representations duly made to him.
(6)The Secretary of State shall give notice of his decision on a proposal to withdraw approval of a scheme, together with his reasons, to every person on whom he served a notice under sub-paragraph (5).
(7)Withdrawal of approval by the Secretary of State has effect from such date as is specified in the notice of his decision.
(8)Where the person administering a scheme is given notice of a decision to withdraw approval of the scheme, he shall give notice of the decision to every member of the scheme.
Textual Amendments
F1Words in Sch. 2 para. 3(1) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 5(6), 46(3); S.I. 2023/1001, reg. 2(d)
Commencement Information
I1Sch. 2 para. 3 wholly in force at 1.8.1996 see s. 232(1)-(3) and S.I. 1996/2048, art. 2 (subject to the limitation in (2) of that art.)