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Housing (Consequential Provisions) Act 1985

Consolidated Text As Enacted Cited authorities 338 Cited in Related
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Housing (Consequential Provisions) Act 1985

1985 CHAPTER 71

An Act to make provision for repeals, consequential amendments, transitional matters and savings in connection with the consolidation of enactments in the Housing Act 1985, the Housing Associations Act 1985 and the Landlord and Tenant Act 1985.

[30th October 1985]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Meaning of ‘the consolidating Acts’.

1 Meaning of ‘the consolidating Acts’.

1. In this Act ‘the consolidating Acts’ means—

the Housing Act 1985,

the Housing Associations Act 1985, and

the Landlord and Tenant Act 1985,

and this Act in so far as it reproduces the effect of provisions repealed by this Act.

S-2 Continuity of the law.

2 Continuity of the law.

(1) The re-enactment of provisions in the consolidating Acts, and the consequent repeal of those provisions by this Act, does not affect the continuity of the law.

(2) Anything done (including subordinate legislation made), or having effect as done, under a provision reproduced in the con-solidating Acts has effect as if done under the corresponding provision of the consolidating Acts.

(3) References (express or implied) in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of those Acts, a reference to corresponding earlier provisions.

(4) A reference (express or implied) in an enactment, instrument or other document to a provision reproduced in the consolidating Acts shall be construed, so far as is required for continuing its effect and subject to any express amendment made by this Act, as being, or as the case may require including, a reference to the corresponding provision of the consolidating Acts.

S-3 Repeals.

3 Repeals.

(1) The enactments specified in Schedule 1 are repealed to the extent specified.

(2) The repeals include repeals, in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of provisions which are obsolete or no longer of practical utility or whose repeal is otherwise desirable for the purpose of achieving a satisfactory consolidation of the enactments reproduced in the consolidating Acts.

(3) The repeals have effect subject to any relevant savings in—

Schedule 4 to this Act (miscellaneous and general savings), or

Schedule 15, 18 or 19 to the Housing Act 1985 or Schedule 5 to the Housing Associations Act 1985 (which relate to certain superseded financial provisions).

S-4 Consequential amendments.

4 Consequential amendments.

(1) The enactments specified in Schedule 2 have effect with the amendments specified.

(2) The amendments have effect subject to any relevant transitional provisions in Schedule 3.

S-5 Transitional provisions and savings.

5 Transitional provisions and savings.

(1) Schedule 3 has effect with respect to transitional matters in connection with the coming into force of the consolidating Acts and the consequential amendments made by this Act.

(2) Schedule 4 contains savings in connection with the repeals made by this Act (including savings for repealed transitional provisions and repealed savings).

(3) The provisions of Schedule 4 do not affect the general operation of section 16 of the Interpretation Act 1978 (general savings to be implied on a repeal).

S-6 Short title, commencement and extent.

6 Short title, commencement and extent.

(1) This Act may be cited as the Housing (Consequential Provisions) Act 1985 .

(2) This Act comes into force on 1st April 1986.

(3) The following provisions of this Act extend to England and Wales—

sections 1 to 6,

Part I of Schedule 1,

in Schedule 2, paragraphs 1 to 9, 11, 12, 14, 15, 18 to 24, 26, 28 to 36, 38, 43, 44, 46 to 50, 52 to 58, 60 and 61.

Schedules 3 and 4.

(4) The following provisions of this Act extend to Scotland—

sections 1 to 6,

Part II of Schedule 1,

in Schedule 2, paragraphs 2, 5, 6, 7(3), 8, 10, 15 to 18, 20, 21, 25 to 29, 31, 37, 39 to 43, 45, 48, 52, 54 and 59,

in Schedule 4, paragraphs 1, 2, 4, 15 and 16.

(5) The following provisions of this Act extend to Northern Ireland—

sections 1 to 4 and 6.

Part III of Schedule 1,

in Schedule 2, paragraphs 13, 51 and 52.

S C H E D U L E S

SCHEDULE 1

Repeals

I England and Wales

Part I

England and Wales

Act Short title Extent of repeal

62 & 63 Vict. c. 44.

Small Dwellings Acquisition Act 1899.

 The whole Act.

4 & 5 Geo. 5. c. 31.

Housing Act 1914.

 The whole Act.

9 & 10 Geo. 5. c. 35.

Housing, Town Planning, &c. Act 1919.

The whole Act, so far as unrepealed.

13 & 14 Geo. 5. c. 24.

Housing, &c. Act 1923.

The whole Act, so far as unrepealed.

15 & 16 Geo. 5. c. 5.

Law of Property (Amendment) Act 1924.

In paragraph 5 of Schedule 9, the words ‘The Small Dwellings Acquisition Act 1899 and other’.

25 & 26 Geo. 5. c. 40.

Housing Act 1935.

The whole Act, so far as unrepealed.

26 Geo. 5. & 1 Edw. 8. c. 49.

Public Health Act 1936.

 Part IX.

12 & 13 Geo. 6. c. 60.

Housing Act 1949.

 Sections 44 and 50.

5 & 6 Eliz. 2. c. 56.

Housing Act 1957.

 The whole Act.

6 & 7 Eliz. 2. c. 42.

Housing (Financial Provisions) Act 1958.

 The whole Act.

7 & 8 Eliz. 2. c. 33.

House Purchase and Housing Act 1959.

 The whole Act.

7 & 8 Eliz. 2. c. 34.

Housing (Underground Rooms) Act 1959.

 The whole Act.

7 & 8 Eliz. 2. c. 53.

Town and Country Planning Act 1959.

Section 26(5)(a ).

Section 58(4).

In Schedule 7, the amendments of the Housing Act 1957.

9 & 10 Eliz. 2. c. 33.

Land Compensation Act 1961.

Section 8(7)(d ).

In Schedule 4, paragraphs 9 and 10.

9 & 10 Eliz. 2. c. 62.

Trustee Investments Act 1961.

 In Schedule 4, paragraph 6.

9 & 10 Eliz. 2. c. 65.

Housing Act 1961.

 The whole Act.

10 & 11 Eliz. 2. c. 50.

Landlord and Tenant Act 1962.

 The whole Act.

1963 c. 33.

London Government Act 1963.

Section 21.

Schedule 8.
Act Short title Extent of repeal
1964 c. 56.

Housing Act 1964.

Parts I and IV.

Sections 96, 102, 103 and 106.

In section 108—

(a ) subsection (1)(a );

(b ) in subsection (4) the words ‘subject to the following subsection’;

(c ) subsection (5).

Schedules 1 to 4.
1965 c. 25.

Finance Act 1965.

 Section 93.
1965 c. 56.

Compulsory Purchase Act 1965.

In section 4, the words from ‘For the purposes’ to the end.

In section 11(2), the second paragraph.

Sections 34 and 35.

In Schedule 7, the entry relating to the Housing Act 1957.
1965 c. 81.

Housing (Slum Clearance Compensation) Act 1965.

 The whole Act.
1967 c. 29.

Housing Subsidies Act 1967.

 The whole Act.
1967 c. 88.

Leasehold Reform Act 1967.

In section 30(7)(b ), the words from ‘including’ to ‘1961’.

In Schedule 5, paragraph 8(4).
1968 c. 13.

National Loans Act 1968.

In section 6(1), the references to section 92(2) of the Housing Act 1935 and section 7(2)(a )of the Housing Act 1961.

In Schedule 1, the entries relating to the Housing (Financial Provisions) Act 1958, the House Purchase and Housing Act 1959 and the Housing Act 1961.
1968 c. 42.

Prices and Incomes Act 1968.

The whole Act so far as unrepealed.
1969 c. 33.

Housing Act 1969.

Parts II, IV and V.

Sections 70 to 72, 75, 84 to 90.

In section 91—

(a ) subsections (2) to (4);

(b ) in subsection (5) the words ‘except sections 78 and 79’.

Schedules 4 to 9.
1970 c. 42.

Local Authority Social Services Act 1970.

In Schedule 1, the entry relating to section 9(1)(b ) of the Housing (Homeless Persons) Act 1977.
1971 c. 23.

Courts Act 1971.

In Schedule 9, the entry relating to s.14(5) of the Housing Act 1957.
1971 c. 76.

Housing Act 1971.

 The whole Act.
Act Short title Extent of repeal
1971 c. 78.

Town and Country Planning Act 1971.

In Schedule 23—

(a ) in Part I, the entry relating to the London Government Act 1963;

(b ) in Part II, the amendment of section 21(4)(a )(i) of the London Government Act 1963 and the entry relating to the Housing Act 1969.
1972 c. 11.

Superannuation Act 1972.

In Schedule 6, paragraph 47.
1972 c. 47.

Housing Finance Act 1972.

 The whole Act.
1972 c. 70.

Local Government Act 1972.

In section 131(2), paragraphs (i ),(jj )and (l ).

Sections 193 and 194.

In Schedule 13, paragraph 21(b ).

Schedule 22.
1972 c. 71.

Criminal Justice Act 1972.

 Section 32.
1973 c. 5.

Housing (Amendment) Act 1973.

 The whole Act.
1973 c. 26.

Land Compensation Act 1973.

In section 37(2), the words from ‘In this subsection’ to the end.

In section 39, subsections (5) and (8A).

In section 73(4), the words ‘paragraph 2 of’.
1974 c. 7.

Local Government Act 1974.

Section 1(5)(c ).

Section 37.
1974 c. 39.

Consumer Credit Act 1974.

 In Schedule 4, paragraph 18.
1974 c. 44.

Housing Act 1974.

Part I, except section 11.

Parts II to VIII.

Sections 105 to 117, 121 to 130.

In section 131—

(a ) subsection (2);

(b ) in subsection (5), the words from the beginning to ‘VIII and’, from ‘105’ to ‘110 to’ and ‘124, 125 and 126’.

Schedules 1 to 7 and 9 to 12.

In Schedule 13, paragraphs 3 to 11, 19 to 21, 24, 30 to 32, 35, 36 and 40(6).

Schedules 14 and 15.
1974 c. 49.

Insurance Companies Act 1974.

In Schedule 1, the entry relating to the Housing Subsidies Act 1967.
1975 c. 6.

Housing Rents and Subsidies Act 1975.

 The whole Act.
1975 c. 18.

Social Security (Consequential) Provisions Act 1975.

 In Schedule 2, paragraph 49.
Act Short title Extent of repeal
1975 c. 45.

Finance (No. 2) Act 1975.

In section 69(3)(e ), the words ‘housing society’.

In section 71(3), the words from ‘'housing society'’ to ‘1964’.
1975 c. 55.

Statutory Corporations (Financial Provisions) Act 1975.

In Schedule 4 paragraph 8.
1975 c. 67.

Housing Finance (Special Provisions) Act 1975.

 The whole Act.
1975 c.
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