1998 No. 1768 (C.35)

HOUSING, ENGLAND AND WALES

The Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998

Made

The Secretary of State, in exercise of the powers conferred upon him by section 232(3) and (4) of the Housing Act 19961 and all other powers enabling him in that behalf, hereby makes the following Order—

Citation1

This Order may be cited as the Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998.

Commencement2

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 19972, already have effect, shall have effect from 11th August 1998 and come into force on that date.

Transitional Provision3

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 19853 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 Act4 (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 ArmstrongMinister of State,Department of the Environment, Transport and the Regions

(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.

(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