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The Housing Act 1996 (Commencement No. 11 and Savings) Order 1997
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Statutory Instruments
1997 No. 1851 (C.75)
HOUSING, ENGLAND AND WALES
The Housing Act 1996 (Commencement No. 11 and Savings) Order 1997
Made
25th July 1997
The Secretary of State, in exercise of the powers conferred upon him by section 232(3) and (4) of the Housing Act 1996(1) and all other powers enabling him in that behalf, hereby makes the following Order—
Citation and interpretation
1.—(1) This Order may be cited as the Housing Act 1996 (Commencement No. 11 and Savings) Order 1997.
(2) In this Order “the commencement date” means 1st September 1997.
Commencement
2. Subject to the savings in the Schedule to this Order, the following provisions of the Housing Act 1996 shall come into force on the commencement date—
(a)section 83 to the extent that it is not already in force,
(b)section 86 to the extent that it is not already in force,
(c)sections 152 to 154,
(d)section 155(1) and (2) (except for subsection (2)(b)),
(e)sections 157 and 158, and
(f)section 227 in so far as it relates to the repeals to the Landlord and Tenant Act 1985(2) and the Arbitration Act 1996(3) in Part III of Schedule 19 to that Act.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th July 1997
Article 2
SCHEDULESAVINGS
Service charges
1. Section 83 of the Housing Act 1996 (determination of reasonableness of service charges) and the repeals referred to in article 2(f) (consequential repeals) shall not have effect in relation to any matter relating to—
(a)a service charge (within the meaning of section 18 of the Landlord and Tenant Act 1985); or
(b)paragraph 8 of the Schedule to the Landlord and Tenant Act 1985 (right to challenge landlord’s choice of insurers)
where, before the commencement date, court proceedings have been begun, or a reference to arbitration has been made, in respect of that matter.
Appointment of manager
2. Section 86 of the Housing Act 1996 (appointment of manager: transfer of jurisdiction to leasehold valuation tribunal) shall not have effect—
(a)in a case where an application is made to court for an order under section 24 of the Landlord and Tenant Act 1987(4) (appointment of manager), which is not an application for an order varying or discharging a previous order under that section, and—
(i)notice has been served under section 22 of that Act (preliminary notice by tenant) before the commencement date, or
(ii)an application has been made to the court before the commencement date for the requirement to serve such a notice to be dispensed with; or
(b)in a case where an application for an order varying or discharging an order under section 24 is made before the commencement date.
Explanatory Note
(This note is not part of the Order)
Article 2 of this Order brings the following provisions of the Housing Act 1996 into force (subject to the savings in the Schedule) on 1st September 1997:
section 83 (determination of reasonableness of service charges) and the consequential repeals in Part III of Schedule 19 to that Act specified in article 2(f),
section 86 (appointment of manager: transfer of jurisdiction to leasehold valuation tribunal),
sections 152 to 154 (anti-social behaviour: power to grant injunctions and power of arrest),
section 155(1) and (2) (except for subsection (2)(b)) (anti-social behaviour: arrest and remand),
sections 157 and 158 (anti-social behaviour: supplementary provisions on power of arrest and interpretation).
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.
| Provisions | Date of commencement | S.I. No. |
|---|---|---|
| s. 1 | 1st October 1996 | 1996/2402 |
| s. 2(7) and (8) | 1st August 1996 | 1996/2048 |
| s. 2 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 3(2) (partially) | 1st August 1996 | 1996/2048 |
| s. 3 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 4 | ||
| s. 5 | 1st August 1996 | 1996/2048 |
| s. 6 | 1st October 1996 | 1996/2402 |
| s. 7 (partially) | 1st August 1996 | 1996/2048 |
| s. 7 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 8 | ||
| s. 9(3) | 1st August 1996 | 1996/2048 |
| s. 9 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| ss. 10 to 15 | ||
| s. 16 | 1st April 1997 | 1997/618 |
| s. 17 | 1st August 1996 | 1996/2048 |
| s. 18(2) and (7) (partially) | 1st October 1996 | 1996/2402 |
| s. 18 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 19 | ||
| s. 20(3) (partially) | 1st October 1996 | 1996/2402 |
| s. 20 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 21(3) (partially) | 1st October 1996 | 1996/2402 |
| s. 21 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| ss. 22 and 23 | 1st October 1996 | 1996/2402 |
| s. 24 (partially) | 1st August 1996 | 1996/2048 |
| s. 24 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 25 (partially) | 1st October 1996 | 1996/2402 |
| s. 25 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 26 | ||
| s. 27 (partially) | 1st October 1996 | 1996/2402 |
| s. 27 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 28(3) (partially) | 1st October 1996 | 1996/2402 |
| s. 28(4) | 1st August 1996 | 1996/2048 |
| s. 28 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 29 (partially) | 1st August 1996 | 1996/2048 |
| s. 29 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| ss. 30 to 34 | 1st October 1996 | 1996/2402 |
| s. 35(1), (2) and (3) | 1st April 1997 | 1997/618 |
| s. 35(4) | 1st April 1998 | |
| s. 35(5) | 1st April 1997 | |
| s. 36(1) to (6) | 1st August 1996 | 1996/2048 |
| s. 36(7) | 1st October 1996 | 1996/2402 |
| ss. 37 to 50 | ||
| s. 51(1) (partially) | 1st August 1996 | 1996/2048 |
| s. 51(1) (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 51(2) to (6) | ||
| ss. 52 to 54 | 1st August 1996 | 1996/2048 |
| s. 55(1) (partially) | ||
| s. 55(1) (partially) | 1st October 1996 | 1996/2402 |
| s. 55(1) (in so far as not already in force) | 1st April 1997 | 1997/618 |
| s. 55(2) and (3) | 1st August 1996 | 1996/2048 |
| ss. 56 to 64 | 1st August 1996 | 1996/2048 |
| ss. 65 and 66 (partially) | 1st October 1996 | 1996/2402 |
| ss. 65 and 66 (in so far as not already in force) | 3rd March 1997 | 1997/350 |
| ss. 67 to 71 | ||
| s. 72 (partially) | 1st October 1996 | 1996/2402 |
| s. 72 (in so far as not already in force) | 3rd March 1997 | 1997/350 |
| s. 74 | ||
| s. 75 (partially) | 1st October 1996 | 1996/2402 |
| s. 75 (in so far as not already in force) | 3rd March 1997 | 1997/350 |
| ss. 76 and 77 | 1st October 1996 | 1996/2402 |
| ss. 78 and 79 | 3rd March 1997 | 1997/350 |
| s. 80(3) | 1st October 1996 | 1996/2402 |
| s. 80 (in so far as not already in force) | 3rd March 1997 | 1997/350 |
| s. 83(3) (partially) | 23rd August 1996 | 1996/2212 |
| s. 84 | 1st October 1996 | |
| s. 86(4) and (5) (partially) | 23rd August 1996 | |
| ss. 88 to 91 | 1st October 1996 | |
| s. 92 (partially) | 23rd August 1996 | |
| s. 92 (in so far as not already in force) | 1st October 1996 | |
| s. 93 | ||
| s. 96 (partially) | 23rd August 1996 | |
| s. 96 (in so far as not already in force) | 28th February 1997 | 1997/225 |
| ss. 97 to 104 | 28th February 1997 | 1997/225 |
| s. 105 | 1st October 1996 | 1996/2212 |
| s. 106 (partially) | 23rd August 1996 | |
| s. 106 (in so far as not already in force) | 1st April 1997 | 1997/618 |
| ss. 107 to 109 | 1st October 1996 | 1996/2212 |
| ss. 111 to 117 | ||
| s. 118 | 1st April 1997 | 1997/618 |
| s. 119 | 23rd August 1996 | 1996/2212 |
| ss. 121 to 123 | 1st April 1997 | 1997/618 |
| ss. 124 to 128 | 12th February 1997 | 1997/66 |
| s. 129(1) and (2) | ||
| s. 129(3) and (4) | 1st October 1996 | 1996/2402 |
| s. 129(5) and (6) | 12th February 1997 | 1997/66 |
| ss. 130 to 134 | ||
| s. 135 | 1st October 1996 | 1996/2402 |
| ss. 136 and 137 | 12th February 1997 | 1997/66 |
| s. 138(1) to (3) | ||
| s. 138(4) to (6) | 1st October 1996 | 1996/2402 |
| ss. 139 and 140 | ||
| s. 141(1) | 12th February 1997 | 1997/66 |
| s. 141(2) and (3) | 1st October 1996 | 1996/2402 |
| ss. 142 and 143 | ||
| ss. 144 to 146 | 12th February 1997 | 1997/66 |
| s. 147 (partially) | 1st October 1996 | 1996/2402 |
| s. 147 (so far as not already in force) | 12th February 1997 | 1997/66 |
| ss. 148 to 151 | 28th February 1997 | 1997/225 |
| s. 159 | 1st April 1997 | 1996/2959 |
| s. 160(1) to (3) | ||
| s. 160(4) and (5) | 1st October 1996 | 1996/2402 |
| s. 161(2) and (3) (partially) | ||
| s. 161 (in so far as not already in force) | 1st April 1997 | 1996/2959 |
| s. 162(4) (partially) | 1st October 1996 | 1996/2402 |
| s. 162 (in so far as not already in force) | 1st April 1997 | 1996/2959 |
| s. 163(7) (partially) | 1st October 1996 | 1996/2402 |
| s. 163 (in so far as not already in force) | 1st April 1997 | 1996/2959 |
| s. 164 | ||
| s. 165(1), (2) and (5) | 1st October 1996 | 1996/2402 |
| s. 165 (in so far as not already in force) | 1st April 1997 | 1996/2959 |
| s. 166 | ||
| s. 167(3) to (5) | 1st October 1996 | 1996/2402 |
| s. 167 (partially) | 23rd October 1996 | 1996/2658 |
| s. 167 (in so far as not already in force) | 1st April 1997 | 1996/2959 |
| s. 168 | ||
| s. 169 | 1st October 1996 | 1996/2402 |
| ss. 170 and 171 | 1st April 1997 | 1996/2959 |
| s. 172 | 1st October 1996 | 1996/2402 |
| s. 173 | 1st April 1997 | 1996/2959 |
| s. 174 | 1st October 1996 | 1996/2402 |
| ss. 175 and 176 | 20th January 1997 | 1996/2959 |
| s. 177(3) | 1st October 1996 | 1996/2402 |
| s. 177 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 178 to 181 | ||
| s. 182 | 1st October 1996 | 1996/2402 |
| s. 183(2) | ||
| s. 183 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| s. 184 | ||
| s. 185(2) and (3) (partially) | 1st October 1996 | 1996/2402 |
| s. 185 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 186 to 188 | ||
| s. 189(2) to (4) | 1st October 1996 | 1996/2402 |
| s. 189 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 190 to 193 | ||
| s. 194(6) (partially) | 1st October 1996 | 1996/2402 |
| s. 194 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 195 to 197 | ||
| s. 198(4) to (7) (partially) | 1st October 1996 | 1996/2402 |
| s. 198 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| s. 199(5) | 1st October 1996 | 1996/2402 |
| s. 199 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 200 to 202 | ||
| s. 203(1), (2) and (7) | 1st October 1996 | 1996/2402 |
| s. 203 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 204 to 206 | ||
| s. 207(4) to (6) (partially) | 1st October 1996 | 1996/2402 |
| s. 207 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 208 and 209 | ||
| s. 210(2) | 1st October 1996 | 1996/2658 |
| s. 210 (in so far as not already in force) | 20th January 1997 | 1996/2959 |
| ss. 211 to 214 | ||
| s. 215 | 1st October 1996 | 1996/2402 |
| s. 216 | 20th January 1997 | 1996/2959 |
| ss. 217 and 218 | 1st October 1996 | 1996/2402 |
| ss. 219 and 220 | 24th September 1996 | 1996/2402 |
| s. 222 (partially) | ||
| s. 222 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 227 (partially) | 24th September 1996 | 1996/2402 |
| s. 227 (partially) | 1st October 1996 | 1996/2212 and 2402 |
| s. 227 (partially) | 20th January 1997 | 1996/2959 |
| s. 227 (partially) | 28th February 1997 | 1997/225 |
| s. 227 (partially) | 3rd March 1997 | 1997/596 |
| s. 227 (partially) | 1st April 1997 | 1996/2959 and 1997/618 |
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