The Leasehold Reform, Housing and Urban Development Act 1993 (Commencement and Transitional Provisions No. 1) Order 1993

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order brings into force wholly or partly on 2nd September 1993 a number of provisions of the Leasehold Reform, Housing and Urban Development Act 1993 relating to powers to make orders, regulations, rules or declarations.

Article 4 of this Order brings into force on 11th October 1993 the following provisions of the 1993 Act–

• sections 104 and 105 (the right to buy),

• section 106 (exceptions to the right to buy),

• section 107 (abolition of right to a mortgage, right to defer completion and right to be granted a shared ownership lease),

• section 108 (right to acquire on rent to mortgage terms) in so far as it is not in force,

• sections 109 to 120 (right to acquire on rent to mortgage terms),

• section 123 (right to information),

• sections 124 and 125 (disposals by housing action trusts),

• section 128 (power to repeal provisions on housing welfare services made by sections 126 and 127),

• sections 129 to 131 (housing management agreements),

• sections 133 and 134 (priority of charges securing repayment of discount),

• section 174 (financial assistance for urban regeneration),

• section 176 (power to direct disposal of unused etc. land held by public bodies),

• sections 178, 179 and 180 (partially) (urban development corporations),

• section 182 (powers of housing action trusts with respect to private streets),

• section 187 (amendments and repeals) in relation to the minor and consequential amendments in paragraphs 10 to 25 of Schedule 21 and the repeals in Schedule 22 referred to in that article and those specified in Schedule 2 to the Order, and

• Schedule 16 (right to acquire on rent to mortgage terms).

Article 5 of this Order brings into force on 1st November 1993 the following provisions of the 1993 Act–

• sections 1 to 25 (collective enfranchisement in the case of tenants of flats),

• section 26 (applications where relevant landlord cannot be found) in so far as it is notin force,

• sections 27 to 38 (collective enfranchisement in the case of tenants of flats),

• sections 39 to 62 (individual right of tenant of flat to acquire new lease),

• sections 63 to 68 (enfranchisement under Leasehold Reform Act 1967),

• sections 69 to 74 (estate management schemes in connection with enfranchisement),

• section 75 (variation of existing schemes) in so far as it is not in force,

• sections 76 to 84 (tenants' right to management audit),

• sections 85 and 86 (amendments to Parts III and IV of Landlord and Tenant Act 1987),

• section 87 (codes of practice),

• section 88 (jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown land) in so far as it is not in force,

• section 89 (avoidance of provisions preventing occupation of leasehold property by persons with mental disorders),

• section 90 (jurisdiction of county courts),

• section 91 (jurisdiction of leasehold valuation tribunals) in so far as it is not in force,

• sections 92 to 97 (general provisions: enfranchisement and lease renewal),

• section 99 (agreements excluding or modifying rights of tenant: enfranchisement and lease renewal) in so far as it is not in force,

• sections 101 to 103 (general provisions on Part I: landlord and tenant),

• section 187 (amendments and repeals) in relation to the minor and consequential amendments in paragraphs 1, 5, 9, 26 and 30 of Schedule 21 and the repeals in Schedule 22 referred to in that article,

• Schedules 1 to 10 (collective enfranchisement in the case of tenants of flats),

• Schedules 11 to 14 (individual right of tenant of flat to acquire new lease), and

• Schedule 15 (section 9 of Leasehold Reform Act 1967 as amended).

The provisions listed in article 4(b) and article 5(b) are brought into force subject to the transitional provisions and savings in Schedule 1 to the Order.