2018 No. 393 (C. 32)
Housing, England

The Housing and Planning Act 2016 (Commencement No. 8) Regulations 2018

Made
The Secretary of State, in exercise of the powers conferred by sections 216(3) and (4) of the Housing and Planning Act 20161, makes the following Regulations:

Citation1.

These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 8) Regulations 2018.

Provisions coming into force on 6th April 20182.

In so far as they are not already commenced, the following provisions of the Housing and Planning Act 2016 come into force on 6th April 2018—

(a)

sections 13 to 48;

(b)

Schedules 1 to 3.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Heather Wheeler
Parliamentary Under Secretary of State
Ministry of Housing Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations bring into force on 6th April 2018 all those provisions of Part 2 of, and Schedules 1 to 3 to, the Housing and Planning Act 2016 (c. 22) (“the Act”) which are not already in force. These relate to rogue landlords and property agents in England.

Chapter 2 of Part 2 of the Act makes provision for banning orders (orders made by the First-tier Tribunal banning a person from certain activities where they have been convicted of a banning order offence). This includes provision for the duration and effect of a banning order. Chapter 3 of Part 2 makes provision in relation to the database of rogue landlords and property agents. This requires the Secretary of State to establish and operate a database of rogue landlords and property agents. Chapter 4 of Part 2 of the Act makes provision in relation to rent repayment orders. A rent repayment order is an order made by the First-tier Tribunal requiring a landlord to repay a specified amount of rent.

Schedules 1 to 3 make supplemental provision in relation to banning orders.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)

The following provisions of the Housing and Planning Act 2016 are brought into operation by earlier commencement regulations:

Provision

Date of Commencement

S.I.No.

Sections 9 to 11

31st October 2016

2016/733

Section 12

3rd November 2017

2017/1052

Section 14(3) and (4) (partially)

3rd November 2017

2017/1052

Section 23(8)

3rd November 2017

2017/1052

Section 26 (partially)

3rd November 2017

2017/1052

Section 33

3rd November 2017

2017/1052

Section 40 to 46 (partially)

6th April 2017

2017/281

Section 47(1) and (2)

6th April 2017

2017/281

Section 47(3)

10th March 2017

2017/281

Section 48 (partially)

6th April 2017

2017/281

Section 49 to 52

6th April 2017

2017/281

Section 53

6th April 2017

2017/281

Sections 54 to 56

6th April 2017

2017/281

Sections 64 and 65

26th May 2016

2016/609

Section 66

13th July 2016

2016/733

Sections 67 and 68

26th May 2016

2016/609

Sections 80 to 91

1st October 2016

2016/956

Section 92

6th April 2017

2017/75

Sections 93 and 94

3rd February 2017

2017/75

Section 102(2) to (6)

3rd February 2017

2017/75

Section 126 (partially)

10th March 2017

2017/281

Section 126

6th April 2017

2017/281

Sections 128 and 129

6th April 2017

2017/281

Section 131

6th April 2017

2017/281

Section 132

1st October 2016

2016/733

Section 133 to 135

19th March 2018

2018/251

Sections 141 and 142

1st October 2016

2016/733

Sections 143 and 144

13th July 2016

2016/733

Sections 145(1) to 145(4)

1st October 2016

2016/733

Section 145(5)

26th May 2016

2016/609

Sections 146 to 148

1st October 2016

2016/733

Sections 150(4) and 150(5)

13th July 2016

2016/733

Sections 152(2) to 152(4)

13th July 2016

2016/733

Section 154

13th July 2016

2016/733

Section 156

1st October 2016

2016/733

Section 160

6th April 2017

2017/281

Sections 169 and 170

13th July 2016

2016/733

Section 171

1st October 2016

2016/733

Sections 172 to 179

13th July 2016

2016/733

Sections 180 and 181

6th April 2018

2018/251

Section 182

13th July 2016

2016/733

Section 183 (partially)

1st October 2016

2016/956

Section 183 (partially)

3rd February 2017

2017/75

Section 183 (all remaining purposes)

6th April 2017

2017/281

Sections 184 to 189

3rd February 2017

2017/75

Section 190

13th July 2016

2016/733

Section 191

3rd February 2017

2017/75

Section 192 to 195

6th April 2018

2018/251

Section 196(1) to 196(2)(a)

6th April 2018

2018/251

Section 196(3) (partially)

6th April 2017

2017/281

Sections 197 and 198

6th April 2018

2018/251

Section 199(1)

3rd February 2017

2017/75

Section 199(2) (partially)

3rd February 2017

2017/75

Section 200

3rd February 2017

2017/75

Sections 201 to 206

13th July 2016

2016/733

Schedule 3 – paragraphs 5(3) and 9

3rd November 2017

2017/1052

Schedule 4

6th April 2016

2017/75

Schedule 9 – paragraph 7

10th March 2017

2017/281

Schedule 9 – for all remaining purposes

6th April 2017

2017/281

Schedule 11

1st October 2016

2016/733

Schedule 12 (excluding paragraph 27)

13th July 2016

2016/733

Schedule 14

13th July 2016

2016/733

Schedule 15 – paragraphs 1, 2(1), 2(2), 3(1) and 3(2) (partially)

1st October 2016

2016/956

Schedule 15 – paragraphs 1 to 7 (partially)

3rd February 2017

2017/75

Schedule 15 – paragraph 8

1st October 2016

2016/956

Schedule 15 – paragraphs 1 to 7 (for all remaining purposes)

6th April 2017

2017/281

Schedule 16

13th July 2016

2016/733

Schedule 17

3rd February 2017

2017/75

Schedule 18 – paragraphs 1 to 9

3rd February 2017

2017/75

Schedule 19

13th July 2016

2016/733