The Housing and Planning Act 2016 (Commencement No. 6) Regulations 2017

Cited as:SI 2017/1052
Jurisdiction:England & Wales

2017No. 1052 (C. 98)

HOUSING, ENGLAND

The Housing and Planning Act 2016 (Commencement No. 6) Regulations 2017

Made1stNovember2017

The Secretary of State, in exercise of the powers conferred by section 216(3) and (4) of the Housing and Planning Act 2016( 1), makes the following Regulations.

Citation and interpretation

1. These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 6) Regulations 2017.

Provisions coming into force on 3rd November 2017

2. The following provisions of the Housing and Planning Act 2016 come into force on 3rd November 2017—

(a) section 14(3) and (4) (“banning order” and “banning order offence”) for the purpose only of making regulations to specify the description of an offence that is a banning order offence;

(b) section 23(8) (financial penalty for breach of banning order);

(c) section 33 (information to be included in the database);

(d) paragraph 5(3) of Schedule 3 and section 26 (management orders following banning orders), so far as it relates to that paragraph;

(e) paragraph 9 of Schedule 3 and section 26 (management orders following banning orders), so far as it relates to that paragraph.

Signed by authority of the Secretary of State for Communities and Local Government

1st November 2017

Alok Sharma

Minister of State

Department for Communities and Local Government

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force certain provisions in Part 2 of the Housing and Planning Act 2016 (c. 22)(“the Act”).

Regulation 2(a) brings into force section 14(3) and (4) of the Act for the purpose of making regulations which enable the Secretary of State to specify the description of an offence that is a banning order offence.

Regulation 2(b) brings into force section 23(8) of the Act which enables the Secretary of State to make provision by regulations about how local housing authorities are to deal with financial penalties recovered for breach of a banning order.

Regulation 2(c) brings into force section 33 of the Act which enables the Secretary of State to make provision by regulations about the information that must be included in a person's entry in the database of rogue landlords and property agents.

Regulation 2(d) brings into force paragraph 5(3) of Schedule 3 and section 26 (management orders following banning orders) so far as it relates to that paragraph. That paragraph enables the Secretary of State to, by regulations, make provision about how local authorities are to deal with any surplus if an interim management order is made under section 102(7A) of the Housing Act 2004 (c. 34)(“the 2004 Act”).

Regulation 2(e) brings into force paragraph 9 of Schedule 3 and section 26 (management orders following banning orders) so far as it relates to that paragraph. That paragraph enables the Secretary of State to, by regulations, make provision about how local authorities are to deal with any surplus if a final management order is made under section 113(3A) or (6A) of the 2004 Act.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

Provision

Date of Commencement

S.I. No.

Sections 9 to 11

31st October 2016

2016/733

Section 12

13th July 2016

2016/733

Section 40 to 46 (partially)

6th April 2017

2017/281

Section 47(1) and (2)

6th April 2017

2017/281

Section 47(3)

10th March 2017

2017/281

Section 48 (partially)

6th April 2017

2017/281

Section 49 to 52

6th April 2017

2017/281

Section 53

6th April 2017

2017/281

Sections 54 to 56

6th April 2017

2017/281

Sections 64 and 65

26th May 2016

2016/609

Section 66

13th July 2016

2016/733

Sections 67 and 68

26th May 2016

2016/609

Sections 80 to 91

1st October 2016

2016/956

Section 92

6th April 2017

2017/75

Sections 93 and 94

3rd February 2017

2017/75

Section 102(2) to (6)

3rd February 2017

2017/75

Section 126 (partially)

10th March 2017

2017/281

Section 126

6th April 2017

2017/281

Sections 128 and 129

6th April 2017

2017/281

Section 131

6th April 2017

2017/281

Section 132

1st October 2016

2016/733

Sections 141 and 142

1st October 2016

2016/733

Sections 143 and 144

13th July 2016

2016/733

Sections 145(1) to 145(4)

1st October 2016

2016/733

Section 145(5)

26th May 2016

2016/609

Sections 146 to 148

1st October 2016

2016/733

Sections 150(4) and 150(5)

13th July 2016

2016/733

Sections 152(2) to 152(4)

13th July 2016

2016/733

Section 154

13th July 2016

2016/733

Section 156

1st October 2016

2016/733

Section 160

6th April 2017

2017/281

Sections 169 and 170

13th July 2016

2016/733

Section 171

1st October 2016

2016/733

Sections 172 to 179

13th July 2016

2016/733

Section 182

13th July 2016

2016/733

Section 183 (partially)

1st October 2016

2016/956

Section 183 (partially)

3rd February 2017

2017/75

Section 183

6th April 2017

2017/281

Sections 184 to 189

3rd February 2017

2017/75

Section 190

13th July 2016

2016/733

Section 191

3rd February 2017

2017/75

Section 196(3) (partially)

6th April 2017

2017/281

Section 199(1)

3rd February 2017

2017/75

Section 199(2) (partially)

3rd February 2017

2017/75

Section 200

3rd February 2017

2017/75

Sections 201 to 206

13th July 2016

2016/733

Schedule 4

6th April 2016

2017/75

Schedule 9 – paragraph 7

10th March 2017

2017/281

Schedule 9

6th April 2017

2017/281

Schedule 11

1st October 2016

2016/733

Schedule 12 (excluding paragraph 27)

13th July 2016

2016/733

Schedule 14

13th July 2016

2016/733

Schedule 15 – paragraphs 1, 2(1), 2(2), 3(1), 3(2) (partially)

1st October 2016

2016/956

Schedule 15 – paragraphs 1 to 7 (partially)

3rd February 2017

2017/75

Schedule 15 – paragraph 8

1st October 2016

2016/956

Schedule 15 – paragraphs 1 to 7

6th April 2017

2017/281

Schedule 16

13th July 2016

2016/733

Schedule 17

3rd February 2017

2017/75

Schedule 18– paragraphs 1 to 9

3rd February 2017

2017/75

Schedule 19

13th July 2016

2016/733

(1) 2016 c. 22.

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