The Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) (Revocation and Saving) (Wales) Order 2004

Welsh Statutory Instruments

2004 No. 677 (W.65)

LANDLORD AND TENANT, WALES

The Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) (Revocation and Saving) (Wales) Order 2004

Made

9th March 2004

Coming into force

31st March 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by section 31B of the Landlord and Tenant Act 1985(1) and section 24B of the Landlord and Tenant Act 1987(2), hereby makes the following Order:

Name and commencement

1.  This Order is called the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) (Revocation and Saving) (Wales) Order 2004 and shall come into force on 31st March 2004.

Revocation and saving

2.—(1) Subject to paragraph (2), the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997(3) is hereby revoked in relation to Wales.

(2) The revocation in paragraph (1) shall not have effect in relation to any application made to a leasehold valuation tribunal before 31st March 2004 in respect of premises in Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

John Marek

The Deputy Presiding Officer of the National Assembly

9th March 2004

Explanatory Note

(This note is not part of the Order)

This Order revokes the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997 (“the 1997 Order”) in so far as it has effect in relation to Wales.

The 1997 Order prescribes the particulars to be contained in —

(a) applications to a tribunal under —

(i) sections 19(2A) or (2B) of the Landlord and Tenant Act 1985;

(ii) section 20C of that Act;

(iii) paragraph 8 of the Schedule to that Act;

(iv) section 22(3) of the Landlord and Tenant Act 1987;

(v) section 24(1) of that Act; and

(vi) section 24(9) of that Act;

(b) applications to a tribunal for leave to appeal to the Lands Tribunal.

The 1997 Order continues to apply to any application made before the 31st March 2004.

The Leasehold Valuation Tribunals (Procedure) (Wales) Regulations 2004 make provision about the particulars to be included with specified applications made to a leasehold valuation tribunal on or after 31st March 2004.

A Regulatory Appraisal has been prepared in connection with these Regulations. A copy may be obtained from the Housing Directorate, the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ (Tel [phone]).

(1)

1985 c. 70; inserted by section 83(3) of the Housing Act 1996 (c. 52) and repealed by section 180 of and Schedule 14 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (“the 2002 Act”) from 30th March 2004 The functions of the Secretary of State under section 31B were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”), to which there are amendments not relevant to this Order.

(2)

1987 c. 31; inserted by section 86(5) of the Housing Act 1996 (c. 52) and repealed by section 180 of and Schedule 14 to the 2002 Act from 30th March 2004. The functions of the Secretary of State under section 24B were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the 1999 Order, to which there are amendments not relevant to this Order.

(3)

S.I. 1997/1853.

(4)

1998 c. 38.