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The Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998
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Statutory Instruments
1998 No. 1768 (C.35)
HOUSING, ENGLAND AND WALES
The Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998
Made
21st July 1998
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
1. This Order may be cited as the Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998.
Commencement
2. Subject to article 3, section 83 of the Housing Act 1996, to the extent that it does not, because of paragraph 1 of the Schedule to the Housing Act 1996 (Commencement No. 11 and Savings) Order 1997(2), already have effect, shall have effect from 11th August 1998 and come into force on that date.
Transitional Provision
3. No application may be made to a leasehold valuation tribunal under section 19(2A) or (2B) of, or paragraph 8 of the Schedule to, the Landlord and Tenant Act 1985(3) in respect of a matter in respect of which, before 1st September 1997,—
(a)court proceedings have been begun, or
(b)a reference to arbitration has been made,
but without prejudice to the operation of section 31C of that Act(4) (transfer of cases from county court) in relation to any question falling for determination in those court proceedings.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st July 1998
Explanatory Note
(This note is not part of the Order)
This Order brings section 83 of the Housing Act 1996 (determination of reasonableness of service charge and right to challenge landlord’s choice of insurers) into force on 11th August 1998 to the extent that it does not already have effect (and subject to the transitional provision in article 3). Section 83 was brought into force by S.I. 1997/1851 (c. 75), subject to the savings in paragraph 1 of the Schedule to that instrument (cases where court proceedings or arbitration under way). The effect of this Order is to enable a court to refer matters which were the subject of court proceedings as at 1st September 1997 to a leasehold valuation tribunal.
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 (subject to saving) | 1st October 1996 | 1996/2402 |
| s. 7 (partially) | 1st August 1996 | 1996/2048 |
| s. 7 (in so far as not already in force and subject to transitional provisions) | 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 and subject to transitional provision) | 1st October 1996 | 1996/2402 |
| ss. 10 to 15 | ||
| s. 16 (subject to saving) | 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 | 1996/618 |
| 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, but subject to saving) | 1st April 1997 | 1997/618 |
| s. 51(2) to (6) | ||
| ss. 52 to 54 | 1st August 1996 | 1996/2048 |
| s. 55(1) (partially and subject to saving) | ||
| s. 55(1) (partially and subject to savings) | 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. 83 (in so far as not already in force, but subject to saving) | 1st September 1997 | 1997/1851 |
| s. 84 | 1st October 1996 | 1996/2212 |
| s. 86(4) and (5) (partially) | 23rd August 1996 | |
| s. 86 (in so far as not already in force, but subject to savings) | 1st September 1997 | 1997/1851 |
| s. 88 to 91 (subject to savings) | 1st October 1996 | 1996/2212 |
| s. 92 (partially) | 23rd August 1996 | |
| s. 92 (in so far as not already in force, but subject to saving) | 1st October 1996 | |
| s. 93 (subject to saving) | ||
| s. 96 (partially) | 23rd August 1996 | |
| s. 96 (in so far as not already in force) | 28th February 1997 | 1997/225 |
| ss. 97 to 100 | 28th February 1997 | 1997/225 |
| ss. 101 to 102 (subject to savings) | ||
| ss. 103 and 104 | ||
| s. 105 (subject to savings) | 1st October 1996 | 1996/2212 |
| s. 106 (partially) | 23rd August 1996 | |
| s. 106 (in so far as not already in force, but subject to savings) | 1st April 1997 | 1997/618 |
| ss. 107 to 109 (subject to savings) | 1st October 1996 | 1996/2212 |
| ss. 111 to 113 (subject to savings) | ||
| ss. 114 to 117 | ||
| s. 118 (subject to saving) | 1st April 1997 | 1997/618 |
| s. 119 | 23rd August 1996 | 1996/2212 |
| s. 121 (subject to transitional provision and saving) | 1st April 1997 | 1997/618 |
| ss. 122 and 123 | 1st April 1997 | 1997/618 |
| ss. 124 to 128 | 4th February 1997 | 1997/66 |
| s. 129(1), (2), (5) and (6) | 4th February 1997 | 1997/66 |
| s. 129(3) and (4) | 1st October 1996 | 1996/2402 |
| ss. 130 to 134 | 4th February 1997 | 1997/66 |
| s. 135 | 1st October 1996 | 1996/2402 |
| ss. 136 and 137 | 4th February 1997 | 1997/66 |
| s. 138(1) to (3) | 4th February 1997 | 1997/66 |
| s. 138(4) to (6) | 1st October 1996 | 1996/2402 |
| ss. 139 and 140 | ||
| s. 141(1) | 4th February 1997 | 1997/66 |
| s. 141(2) and (3) | 1st October 1996 | 1996/2402 |
| ss. 142 and 143 | ||
| ss. 144 to 146 (subject to saving) | 4th February 1997 | 1997/66 |
| s. 147 (partially) | 1st October 1996 | 1996/2402 |
| s. 147 (so far as not already in force, but subject to saving) | 4th February 1997 | 1997/66 |
| ss. 148 to 151 (subject to savings) | 28th February 1997 | 1997/225 |
| ss. 152 to 154 | 1st September 1997 | 1997/1851 |
| s. 155(1) and (2) (partially) | ||
| ss. 157 and 158 | ||
| 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 | |
| s. 162(4) (partially) | 1st October 1996 | 1996/2402 |
| s. 162 (in so far as not already in force) | 1st April 1997 | |
| 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 (subject to saving) | 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 |
| s. 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, but subject to savings and transitional provisions) | 1st October 1996 | 1996/2402 |
| s. 227 (partially) | 24th September 1996 | 1996/2402 |
| s. 227 (partially and subject to saving) | 1st October 1996 | 1996/2212 and 2402 |
| s. 227 (partially and subject to saving) | 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 |
| s. 227 (partially and subject to saving) | 1st April 1997 | 1997/618 |
| s. 227 (partially) | 1st September 1997 | 1997/1851 |
(1)
(2)
S.I. 1997/1851 (C.75).
(3)
1996 c. 70; subsections (2A) and (2B) were inserted by section 83(1) of the Housing Act 1996 and the Schedule was inserted by section 43 of the Landlord and Tenant Act 1987 (c. 31) and paragraph 8 was substituted by section 83(2) of the 1996 Act.
(4)
Section 31C was inserted by section 83(3) of the Housing Act 1996.
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