Housing Act 1996 (Commencement No. 2 and Savings) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/2212
Year1996

1996 No. 2212 (C. 55)

HOUSING, ENGLAND AND WALES

The Housing Act 1996 (Commencement No. 2 and Savings) Order 1996

Made 22th August 1996

The Secretary of State, in exercise of the powers conferred upon him by section 232(3) and (4) of the Housing Act 19961and all other powers enabling him in that behalf, hereby makes the following Order—

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Housing Act 1996 (Commencement No. 2 and Savings) Order 1996.

(2) In this Order:

“the Act” means the Housing Act 1996 and all reference to sections or Schedules (without more) are to sections of or Schedules to the Act; and

“the commencement date” means 1st October 1996.

S-2 Commencement

Commencement

2.—(1) So much of the following provisions of the Act as confers on the Lord Chancellor or the Secretary of State the powers to make orders, regulations or rules shall come into force on 23 August 1996—

section 83(3),

section 86(4) and (5),

section 92 in so far as it relates to paragraph 7 of Part IV of Schedule 6,

section 96 in so far as it relates to the insertion by Schedule 7 of paragraphs 7(2)(a) and 9(2)(a) of Schedule 2A to the Housing Act 19882,

section 106 in so far as it relates to paragraph 1 of Schedule 9, and

section 119.

(2) The following provisions of the Act shall come into force on the commencement date subject to the savings in the Schedule to this Order—

section 84,

section 88,

sections 89 to 91

section 92 (in so far as it will not already be in force),

section 93,

section 105,

sections 107 to 109,

sections 111 to 117, and

section 227 in so far as it relates to the repeals to the Landlord and Tenant Act 19873in Part III of Schedule 19 and to the repeals in Part V of that Schedule (except the repeal to section 39(3) of the Leasehold Reform, Housing and Urban Development Act 19934).

David Curry

Minister of State,

Department of the Environment

22 August 1996

SCHEDULE

Article 2(2)

SAVINGS

SCH-1.1

1. Compulsory acquisition of landlord’s interest by qualifying tenants

Section 88 (period after which acquisition order may be made) shall not have effect in a case where, before the commencement date,—

(a) a notice under section 27 of the Landlord and Tenant Act 1987 (preliminary notice by tenants) has been served, or

(b) an application to court for an order dispensing with the requirement to serve such a notice has been made.

SCH-1.2

2. The right of first refusal

(1) Sections 89 to 93 and the repeals to the Landlord and Tenant Act 1987 in Part III of Schedule 19 (the right of first refusal) shall not have effect in a case where, before the commencement date,—

(a)

(a) a disposal has been made, or

(b)

(b) a notice under section 5 of the Landlord and Tenant Act 1987 (landlord’s offer notice) has been served.

(2) In sub-paragraph (1), “disposal” has the same meaning as in Part I of the Landlord and Tenant Act 1987 as it will be amended by section 89.

SCH-1.3

3. Enfranchisement and lease extension: houses

The following sections shall not have effect in a case where, before the commencement date,

(a) a notice has been given under section 8 or section 14 of the Leasehold Reform Act 19675(notice of claim), or

(b) an application has...

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