Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
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Change 1
22 Facilities for action on behalf of men serving abroad in proceedings as to tenancies.
(1) Where in the course of any proceedings brought under Part I of the Protection from Eviction Act 1977 or under Part III, IV, or VII of the Rent Act 1977 or under Part I of the Housing Act 1988, or under Part 9 of the Renting Homes (Wales) Act 2016 (anaw 1) (termination etc of occupation contracts), or of any proceedings consequential upon the making of a reference or application to the appropriate tribunal under Part V of the Rent Act 1977 or Part I of the Housing Act 1988, or under the Renting Homes (Wales) Act 2016, or under this Part of this Act, it appears to the court or tribunal— (a) that the proceedings relate to a tenancy or licence vested in a service man; (b) that a person other than the service man desires to take a step in the proceedings on behalf of the service man at a time when he is serving abroad, or has purported to take a step in the proceedings on his behalf at a time when he was so serving; and (c) that the said person, in seeking or purporting to take that step, is or was acting in good faith in the interests of the service man, and is or was a fit person to take that step on his behalf, but is or was not duly authorised to do so, the court or tribunal may direct that the said person shall be deemed to be, or to have been, duly authorised to take that step on behalf of the service man. (2) The provisions of the preceding subsection apply in relation to the institution of proceedings before a court as they apply in relation to the taking of a step in such proceedings, and apply in relation to the making of a reference or application to an appropriate tribunal as they apply in relation to the taking of a step in proceedings consequential upon the making of such a reference or application; and references in that subsection to proceedings brought or a reference or application made as therein mentioned include references to proceedings which purport to be so brought or to a reference or application which purports to be so made, as the case may be. (3) Where in the course of any proceedings a court or tribunal gives a direction under subsection (1) of this section, the person to whom the direction relates shall have the like right of audience in those proceedings as the service man himself would have. (3A) In relation to any proceedings before a rent officer ..., within the meaning of the Rent Act 1977, subsections (1) to (3) of this section shall have effect as if the references to the court or tribunal included references to a rent officer .... (4)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) References in this section to a time when a service man is serving abroad are references to a time when he is performing a period of relevant service and is outside the United Kingdom.
22 Facilities for action on behalf of men serving abroad in proceedings as to tenancies.
(1) Where in the course of any proceedings brought under Part I of the Protection from Eviction Act 1977 or under Part III, IV, or VII of the Rent Act 1977 or under Part I of the Housing Act 1988, or under Part 9 of the Renting Homes (Wales) Act 2016 (anaw 1) (termination etc of occupation contracts), or of any proceedings consequential upon the making of a reference or application to the appropriate tribunal under Part V of the Rent Act 1977 or Part I of the Housing Act 1988, or under the Renting Homes (Wales) Act 2016, or under this Part of this Act, it appears to the court or tribunal— (a) that the proceedings relate to a tenancy or licence vested in a service man; (b) that a person other than the service man desires to take a step in the proceedings on behalf of the service man at a time when he is serving abroad, or has purported to take a step in the proceedings on his behalf at a time when he was so serving; and (c) that the said person, in seeking or purporting to take that step, is or was acting in good faith in the interests of the service man, and is or was a fit person to take that step on his behalf, but is or was not duly authorised to do so, the court or tribunal may direct that the said person shall be deemed to be, or to have been, duly authorised to take that step on behalf of the service man. (2) The provisions of the preceding subsection apply in relation to the institution of proceedings before a court as they apply in relation to the taking of a step in such proceedings, and apply in relation to the making of a reference or application to an appropriate tribunal as they apply in relation to the taking of a step in proceedings consequential upon the making of such a reference or application; and references in that subsection to proceedings brought or a reference or application made as therein mentioned include references to proceedings which purport to be so brought or to a reference or application which purports to be so made, as the case may be. (3) Where in the course of any proceedings a court or tribunal gives a direction under subsection (1) of this section, the person to whom the direction relates shall have the like right of audience in those proceedings as the service man himself would have. (3A) In relation to any proceedings before a rent officer ..., within the meaning of the Rent Act 1977, subsections (1) to (3) of this section shall have effect as if the references to the court or tribunal included references to a rent officer .... (4)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) References in this section to a time when a service man is serving abroad are references to a time when he is performing a period of relevant service and is outside the United Kingdom.
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