The Housing (Right to Acquire) (Electronic Communications) (England) Order 2001

Statutory Instruments

2001 No. 3257

HOUSING, ENGLAND

The Housing (Right to Acquire) (Electronic Communications) (England) Order 2001

Made

26th September 2001

Laid before Parliament

3rd October 2001

Coming into force

24th October 2001

The Secretary of State, considering that the authorisation by this Order of the use for any purpose of electronic communications is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases, in exercise of the powers conferred upon him by section 8 of the Electronic Communications Act 2000(1) hereby makes the following Order:

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Housing (Right to Acquire) (Electronic Communications) (England) Order 2001 and shall come into force on 24th October 2001.

(2) This Order extends to England only(2).

Electronic notifications that dwelling provided by means of social housing grant

2.  In section 16 of the Housing Act 1996(3) (right of tenant to acquire dwelling), at the end add the following subsections—

“(5) But notice must be taken to be given to a registered social landlord under subsection (4) by the Housing Corporation if it is sent using electronic communications to such number or address as the registered social landlord has for the time being notified to the Housing Corporation for that purpose.

(6) The means by which notice is sent by virtue of subsection (5) must be such as to enable the registered social landlord to reproduce the notice by electronic means in a form which is visible and legible.

(7) An electronic communication is a communication transmitted (whether from one person to another, from one device to another, or from a person to a device or vice versa)—

(a) by means of a telecommunications system (within the meaning of the Telecommunications Act 1984(4); or

(b) by other means but while in an electronic form.”

Signed by the authority of the Secretary of State.

Sally Keeble

Parliamentary Under-Secretary of State

Department for Transport, Local Government and the Regions

26th September 2001

Explanatory Note

(This note is not part of the Order)

This Order provides that the Housing Corporation may use electronic communications to notify a registered social landlord in England that a dwelling is to be regarded, for the purposes of section 16 of the Housing Act 1996, as provided by means of a grant under section 18 (social housing grant).

(1)

2000 c. 7. For the definition of “the appropriate Minister” see sections 9(1) and 10(1).

(2)

For the application of section 8 of the Electronic Communications Act 2000 to Wales, see section 10 of that Act.

(3)

1996 c. 52.

(4)

1984 c. 12.