Leasehold and Freehold Reform Act 2024

Part 1 Amendments consequential on section 68

1 The LTA 1985 is amended in accordance with paragraphs 2 to 13.

2 In section 5 (information to be contained in rent books)—

(a) in subsection (3)—

(i) in the words before paragraph (a), for “Secretary of State” substitute “appropriate authority”;

(ii) in paragraph (b), omit the words from “which shall” to the end;

(b) after subsection (3) insert—

“(4) A statutory instrument containing regulations under this section is subject to the negative procedure.”

3 In section 10B(8) (regulations under section 10A), for the words from “may not be made” to the end substitute “is subject to the affirmative procedure”.

4 In section 20 (consultation requirements)—

(a) in subsection (4), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (5), for “Secretary of State” substitute “appropriate authority”.

5 In section 20ZA (consultation requirements: supplementary)—

(a) in subsection (3), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (4), for “Secretary of State” substitute “appropriate authority”;

(c) in subsection (7), omit the words from “which shall” to the end;

(d) after subsection (7) insert—

“(8) A statutory instrument containing regulations under section 20 or this section is subject to the negative procedure.”

6 In section 20E(4) (regulations under section 20D) for the words from “annulment” to the end substitute “the negative procedure”.

7 In section 20F(7) (limitation of service charges: excluded costs for higher risk buildings), for the words from “annulment” to the end substitute “the negative procedure”.

8 In section 29 (meaning of “recognised tenants’ association”)—

(a) in subsection (5), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (6)(b), omit the words from “which shall” to the end;

(c) after subsection (6) insert—

“(7) A statutory instrument containing regulations under subsection (5) is subject to the negative procedure.”

9 In section 29A (tenants’ associations: power to request information about tenants), in subsection (7), for the words from “annulment” to the end substitute “the negative procedure”.

10 In section 30D(9) (liability for building safety costs), for the words from “may not be made” to the end substitute “is subject to the affirmative procedure”.

11 In section 31 (reserve power to limit rents)—

(a) in subsection (1), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (4), omit the words from “which shall” to the end;

(c) after subsection (4) insert—

“(5) A statutory instrument containing an order under this section is subject to the negative procedure.”

12 In section 35 (application to Isles of Scilly)—

(a) in subsection (2), omit the words from “which shall” to the end;

(b) after subsection (2) insert—

“(3) A statutory instrument containing an order under this section is subject to the negative procedure.”

13 In paragraph 7(5) of the Schedule (right to notify insurers of possible claim), for “Secretary of State” substitute “appropriate authority”.