Local Government and Housing Act 1989 (Commencement No. 5 and Transitional Provisions) Order 1990

JurisdictionUK Non-devolved
CitationSI 1990/431
Year1990

1990 No. 431 (C.15)

LOCAL GOVERNMENT, ENGLAND AND WALES

LOCAL GOVERNMENT, SCOTLAND

HOUSING, ENGLAND AND WALES

LANDLORD AND TENANT, ENGLAND AND WALES

The Local Government and Housing Act 1989 (Commencement No. 5 and Transitional Provisions) Order 1990

Made 1st March 1990

The Secretary of State, in exercise of the powers conferred upon him by section 195(2) and (3) of the Local Government and Housing Act 19891, and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 This Order may be cited as the Local Government and Housing Act...

1. This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 5 and Transitional Provisions) Order 1990.

S-2 In this Order– “the 1985 Act ” means the Housing Act 1985 ;...

2. In this Order–

“the 1985 Act” means the Housing Act 19852; and

the 1989 Act” means the Local Government and Housing Act 1989.

S-3 Section 194(2) of the 1989 Act , in so far as it confers on...

3. Section 194(2) of the 1989 Act, in so far as it confers on the Secretary of State a power to make an order, and section 194(3) of that Act, shall come into force on 5th March 1990.

S-4 The following provisions of the 1989 Act shall come into...

4. The following provisions of the 1989 Act shall come into force on 1st April 1990 subject to the transitional provisions and savings in Schedule 1 to this Order–

section 10,

section 23,

section 25,

section 26,

section 27,

section 28,

section 29,

section 36 in so far as it is not already in force,

section 37,

section 38,

Part VII in so far as it is not already in force,

section 131 in so far as it is not already in force,

section 132(1) to (4) in so far as these subsections relate to section 131 and are not already in force,

section 156,

section 165(1) in so far as it relates to paragraphs 1 except for sub-paragraph (6), 2, 4 to 43, 45 to 55, 59, 61 to 63, 66 to 70, 71(a) and (b), 72 to 83, 85 except in so far as it relates to paragraph (e) of section 605(1) of the 1985 Act and 86 to 91 of Schedule 9, and, in so far as they are not already in force, paragraphs 44 and 84 of that Schedule,

section 165(2),

section 169 except for paragraphs (b) and (c) of subsection (2),

section 183,

section 186,

section 194(1) in so far as it relates to paragraphs 1, 2, 5 to 13, 16, 20, 22, 23, 27 in so far as it confers a power to make regulations on the Secretary of State, 31, 32, 33, 38 to 41, 44 to 48, 50, 51, 53(2), 54, 59, 62, 64, 65, 70 to 76, 85 to 87, 88 in so far as it is not already in force, 96, 101, 102 and 108 of Schedule 11,

section 194(2) in so far as it is not already in force,

and

section 194(4) in so far as it relates to the repeals in Part II of Schedule 12 specified in Schedule 2 to this Order.

Chris Patten

One of Her Majesty’s Principal Secretaries of State

1st March 1990

SCHEDULE 1

TRANSITIONAL PROVISIONS AND SAVINGS

SCH-1.1

1. Savings relating to Part IV of the 1989 Act

The following repeals and amendments have no effect in relation to any body which is not mentioned in section 39(1)(a) to (j) of the 1989 Act and has not been prescribed by regulations under section 39(3) of that Act–

(a) the repeals specified in Part I of Schedule 12 to the 1989 Act which are in section 6 of the Public Works Loans Act 19643, sections 123, 153 and 172 of and Schedule 13 to the Local Government Act 19724, Schedule 7 to the Local Government Act 19745, section 28 of the Local Government (Miscellaneous Provisions) Act 19766and section 5 of the Local Government Finance Act 19827;

(b) the repeal specified in Part II of Schedule 12 to the 1989 Act which is in section 101 of the Local Government Act 1972; and

(c) the amendments in paragraphs 6 and 7 of Schedule 11 to the 1989 Act to section 2 of the Public Works Loans Act 19658and to section 2 of the Public Works Loans Act 19679.

SCH-1.2

2. Land Compensation Act 1961

The repeal of section 10 of, and Schedule 2 to, the Land Compensation Act 196110does not have effect in relation to any order made under paragraph 2 of that Schedule before 1st April 1990.

SCH-1.3

3. Local Government Act 1972

The repeal of paragraph 4(1) of Schedule 13 to the Local Government Act 1972 does not affect the continued operation of regulation 23(2) of the Local Authority (Stocks and Bonds) Regulations 197411.

Land Compensation Act 1973

Land Compensation Act 1973

SCH-1.4

4. The repeals in section 29(1), 37(1) and 39(1) of the Land Compensation Act 197312do not have effect in relation to an improvement notice served before 1st April 1990.

SCH-1.5

5. The repeals in section 29(7) of that Act do not have effect in relation to an undertaking accepted under section 211 or 264 of the 1985 Act before 1st April 1990.

SCH-1.6

6. The repeal in section 37(2) of that Act does not have effect in relation to a case within subsection (1)(a) of that section where the land was acquired before 1st April 1990 or is acquired after that date in pursuance of a compulsory purchase order made under section 192, 290 or 300 of the 1985 Act before that date.

SCH-1.7

7. The Amendment to section 37(2) of the Land Compensation Act 1973 does not have effect in relation to a housing order or undertaking, within the meaning of that section, made or accepted before 1st April 1990.

SCH-1.8

8. The repeal of section 73(4) and (5) of that Act does not have effect in relation to the acquisition of an interest in land in pursuance of a blight notice served by virtue of subsection (1)(a) of that section before 1st April 1990.

Housing Act 1985

Housing Act 1985

SCH-1.9

9. The amendments to sections 189 to 191, 193, 207 and 208 of the 1985 Act, the repeal of sections 192, 205 and 206 and the repeals in section 197(1)(c) and 208 of that Act do not have effect in relation to any repair notice served before 1st April 1990.

SCH-1.10

10. The repeal of section 192 of that Act and the repeals in section 208, 582(1), 599 and 608 do not have effect in relation to any order made under section 192 before 1st April 1990.

SCH-1.11

11.—(1) Subject to sub-paragraph (2), the repeal of section 211 of that Act does not have effect in relation to an undertaking accepted under that section before 1st April 1990.

(2) Where, after that date, the case falls within section 211(4)(a) or (b), the undertaking shall cease to have effect; and where the premises are, in the opinion of the local housing authority, unfit for human habitation, within the meaning of section 604 of that Act, the authority shall forthwith satisfy themselves, in accordance with section 604A, as to the most satisfactory course of action to take in respect of the premises and shall take action accordingly under one of the provisions mentioned in subsection (1) of that section.

SCH-1.12

12. The repeal of sections 209 to 238 of that Act does not have effect in relation to an improvement notice served under section 214 or 215 before 1st April 1990.

SCH-1.13

13. If, after–

(a) a local housing authority have entered into a contract for the acquisition of land under section 255(1) of that Act, or

(b) a compulsory purchase order authorising the acquisition of land under that subsection has been confirmed,

a general improvement area ceases to be such an area by virtue of section 98(2) of the 1989 Act, the provisions of section 255 shall continue to apply as if the land continued to be in a general improvement area.

SCH-1.14

14.—(1) Subject to sub-paragraph (2), the amendment of section 264 of the 1985 Act does not have effect in relation to an undertaking accepted under that section before 1st April 1990.

(2) Where, after that date, any work to which the undertaking relates is not carried out within the specified period or the premises are at any time used in contravention of the terms of the undertaking, the undertaking shall cease to have effect; and where the premises are, in the opinion of the local housing authority, unfit for human habitation, within the meaning of section 604 of that Act, the authority shall forthwith satisfy themselves, in accordance with section 604A, as to the most satisfactory course of action to take in respect of the premises and shall take action accordingly under one of the provisions mentioned in subsection (1) of that section.

SCH-1.15

15. The amendments to sections 264, 265, 268 to 270, 273 to 275, 278, 279, 304, 310, 315, 318, 322 and 323 of that Act, the repeal of sections 266, 280 to 282 and 321 and the repeals in sections 269, 279 and 323 of that Act, and the amendment inserting sections 584A and 584B in that Act do not have effect in relation to a closing order or demolition order made under section 265 before 1st April 1990.

SCH-1.16

16. The amendments to sections 289, 301 and 302 of that Act do not have effect in relation to a clearance area declared under section 289 before 1st April 1990.

SCH-1.17

17. The amendments to section 294 of that Act do not have effect in relation to any order made under that section before 1st April 1990.

SCH-1.18

18. The repeal of section 299 of, and Schedule 11 to, that Act and the repeal in section 291 of that Act do not have effect in relation to any rehabilitation order made before 1st April 1990.

SCH-1.19

19. The amendments to section 300 of that Act do not have effect in relation to a notice served under subsection (2) of that section before 1st April 1990.

SCH-1.20

20. The amendments to section 305 and the repeal of sections 579 to 581 of that Act do not have effect in relation to a compulsory purchase order made under section 290 before 1st April 1990.

SCH-1.21

21. The amendments to sections 352, 353, 354, 375 and 376 of that Act do not have effect in relation to a notice served under section 352 before 1st April 1990.

SCH-1.22

22. The amendment of section 365 and the repeal of sections 366 and 367 of that Act do not have effect in relation to a notice served under section 366 before 1st April 1990.

SCH-1.23

23. The amendments to section 368(5) of that Act do not have effect in relation to a closing...

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