2004 No. 3056 (C.127)
The Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004
Made
The Lord Chancellor, as respects England and Wales, and the First Secretary of State, as respects England, in exercise of the powers conferred on them by section 181 of the Commonhold and Leasehold Reform Act 20021, hereby make the following Order:
Citation and interpretation1
1
This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004.
2
In this Order, unless otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002.
Provision coming into force in England and Wales2
Section 180, in so far as it relates to the repeal in Schedule 14 of section 104, shall come into force in England and Wales on the day after that on which this Order is made.
Provisions coming into force in England on 28th February 20053
Subject to article 4, the following provisions shall come into force in England on 28th February 2005—
a
section 126,
b
section 157, in so far as it relates to paragraph 15 of Schedule 10,
c
section 164, to the extent that it is not already in force,
d
section 165,
e
sections 166 and 167, to the extent that they are not already in force,
f
sections 168 to 170,
g
section 171, to the extent that it is not already in force,
h
in section 172, subsections (1) to (5), except to the extent that they relate to the application to the Crown of sections 21 to 22 of the Landlord and Tenant Act 1985, as substituted or inserted by sections 152 to 1542,
i
section 176 and Schedule 13, to the extent that they are not already in force, and
j
section 180, in so far as it relates to the repeals in Schedule 14 of—
i
the definition of “the valuation date” in paragraph 1(1) of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 19933;
ii
section 82 of the Housing Act 19964; and
iii
in paragraph 18(2) of Schedule 10 to that Act, paragraph (b) and the word “and” before it.
Saving and transitional provision4
1
During the period beginning with 28th February 2005 and ending on the date on which sections 121 to 124 come into force, paragraph 4(2) of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 shall have effect as if, for “participating tenants”, there were substituted “persons who are participating tenants immediately before a binding contract is entered into in pursuance of the initial notice”.
2
Section 168 shall not have effect as regards notices served under section 146(1) of the Law of Property Act 1925 before 28th February 2005 in respect of a breach by a tenant of any covenant or condition.
3
The amendments made by section 170 shall not have effect as regards notices served under section 146(1) of the Law of Property Act 19255 (restriction on re-entry or forfeiture) before 28th February 2005.
Signed by authority of the Lord Chancellor
Signed by authority of the First Secretary of State
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act have been brought into force in England and Wales by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
---|---|---|
Sections 1 to 20 | 27.9.04 | |
Section 21(1) to (3) and (6) to (10) | 27.9.04 | |
Sections 22 to 41 | 27.9.04 | |
Section 42 | 29.9.03 | |
Sections 43 to 61 | 27.9.04 | |
Section 62 | 29.9.03 | |
Section 63 | 27.9.04 | |
Sections 64 to 67 | 29.9.03 | |
Section 68 | 27.9.04 | |
Sections 69 and 70 | 29.9.03 (partially) 27.9.04 (remainder) |
The following provisions of the Act have been brought into force in England by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
---|---|---|
Sections 71 to 73 and Schedule 6 | 30.9.03 | |
Section 74 | 26.7.02 (partially) 30.9.03 (remainder) | |
Sections 75 to 77 | 30.9.03 | |
Section 78 | 26.7.02 (partially) 30.9.03 (remainder) | |
Section 79 | 30.9.03 | |
Section 80 | 26.7.02 (partially) 30.9.03 (remainder) | |
Sections 81 to 83 | 30.9.03 | |
Section 84 | 26.7.02 (partially) 30.9.03 (remainder) | |
Sections 85 to 91 | 30.9.03 | |
Section 92 | 26.7.02 (partially) 30.9.03 (remainder) | |
Sections 93 to 103 and Schedule 7 | 30.9.03 | |
Sections 105 to 109 | 30.9.03 | |
Section 110 | 26.7.02 (partially) 30.9.03 (remainder) | |
Sections 111 to 113 | 30.9.03 | |
Sections 114 to 120 | 26.7.02 | |
Section 122 (partially) | 26.7.02 | |
Section 125 | 26.7.02 | |
Sections 127 to 147 | 26.7.02 | |
Sections 148 to 150 and Schedule 9 | 30.9.03 | |
Section 151 | 26.7.02 (partially) 31.10.03 (remainder) | |
Sections 152 and 153 (partially) | 26.7.02 | |
Section 155 | 30.9.03 | |
Section 156 (partially) | 26.7.02 | |
Section 157 and Schedule 10 (partially) | 30.9.03 | |
Section 158 and Schedule 11 | 30.9.03 | |
Section 159 | 30.9.03 | |
Sections 160 to 162 | 26.7.02 | |
Section 163 | 30.9.03 | |
Section 164 (partially) | 26.7.02 | |
Sections 166 and 167 (partially) | 26.7.02 | |
Section 171 (partially) | 26.7.02 | |
Section 172 (partially) | 30.9.03 | |
Section 173 | 30.9.03 | |
Section 174 and Schedule 12 | 26.7.02 (partially) 30.9.03 (remainder) | |
Section 175 | 30.9.03 | |
Section 176 and Schedule 13 (partially) | 30.9.03 | |
Section 180 and Schedule 14 (partially) | 26.7.02 30.9.03 |
(Provisions of Part 2 of the Act (leasehold reform) have been brought into force in Wales by commencement orders made by the National Assembly for Wales.)