Leasehold and Freehold Reform Act 2024

Prospective

General E+W

68 Regulations under the LTA 1985: procedure and appropriate authority E+W

(1) The LTA 1985 is amended as follows.

(2) After section 37 insert—

“37A Procedure applicable to statutory instruments

(1) In this Act, if a statutory instrument is “subject to the affirmative procedure” it may not be made unless—

(a) where it contains (whether alone or with other provision) regulations or an order made by the Secretary of State, a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;

(b) where it contains (whether alone or with other provision) regulations or an order made by the Welsh Ministers, a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(2) In this Act, if a statutory instrument is “subject to the negative procedure” it is—

(a) where it contains regulations or an order made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b) where it contains regulations or an order made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.”

(3) In section 38 (minor definitions), after the definition of “address” insert—

• ““the appropriate authority”—

  (a)

  in relation to England, means the Secretary of State;

  (b)

  in relation to Wales, means the Welsh Ministers;”.

(4) In section 39 (index of defined expressions), after the entry for “address” insert—

“the appropriate authority

section 38”.

Commencement Information

I1 S. 68 not in force at Royal Assent, see s. 124(3)

69 LTA 1985: Crown application E+W

(1) Before section 40 of the LTA 1985 insert—

“39A Crown application

Sections 18 to 30P, and the Schedule, bind the Crown.”

(2) In section 172 of the CLRA 2002 (application to Crown of certain provisions)—

(a) in subsection (1), omit paragraph (a);

(b) omit subsection (3).

Commencement Information

I2 S. 69 not in force at Royal Assent, see s. 124(3)

70 Part 4: consequential amendments E+W

Schedule 11 contains amendments that are consequential on this Part.

Commencement Information

I3 S. 70 not in force at Royal Assent, see s. 124(3)

71 Application of Part 4 to existing leases E+W

Each section of this Part has effect in relation to a lease (within the meaning of the LTA 1985) whether the lease was entered into before or after the section comes into force.

Commencement Information

I4 S. 71 not in force at Royal Assent, see s. 124(3)