The Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (Wales) Order 2002

Welsh Statutory Instruments

2002 No. 3012 (W.284) (C.96)

HOUSING, WALES

The Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (Wales) Order 2002

Made

4th December 2002

The National Assembly for Wales, in exercise of the powers conferred on it by section 181 of the Commonhold and Leasehold Reform Act 2002(1), and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation, interpretation and extent

1.—(1) This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (Wales) Order 2002.

(2) In this Order—

• “the 1967 Act” (“Deddf 1967”) means the Leasehold Reform Act 1967(2);

• “the 1993 Act” (“Deddf 1993”) means the Leasehold Reform, Housing and Urban Development Act 1993(3);

• “the commencement date” (“y dyddiad cychwyn”) means 1st January 2003; and

• references to sections and schedules are, unless otherwise stated, references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002.

(3) This Order applies to Wales only.

Provisions coming into force on the commencement date

2.  The following provisions of the Commonhold and Leasehold Reform Act 2002 shall come into force on the commencement date—

(a) sections 114, 129, 132, 133, 137 and 142;

(b) subject to the transitional provisions and savings in Schedule 2 to this Order—

(i) sections 115 to 120, 125, 127, 128, 130, 131, 134 to 136, 138 to 141, 143 to 147, 160 to 162; and

(ii) section 180 in so far as it relates to those of the repeals in Schedule 14 which are set out in Schedule 1 to this Order;

(c) sections 74, 78, 80, 84, 92, 110, 122, 151 to 153, 156, 164, 166, 167, 171, 174 and Schedule 12, in so far as they confer power to make regulations.

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

D. Elis-Thomas

The Presiding Officer of the National Assembly

4th December 2002

Article 2(b)(ii)

SCHEDULE 1 REPEALS

PART 1

Chapter	Short Title	Extent of Repeal
1993 c. 28	Leasehold Reform, Housing and Urban Development Act 1993	In section 5— in subsection (1), the words “which is at a low rent or for a particularly long term”, and in subsection (2)(c), the words “at a low rent or for a particularly long term”. Section 6. In section 7(3), the words “at a low rent”. Section 8. Section 8A. In section 10— subsections (2), (3) and (4A), and in subsection (6), the definition of “qualifying tenant”. In section 13— in subsection (2), sub-paragraph (i) of paragraph (b) and the words following that paragraph, and in subsection (3)(e), the words “the following particulars”, the word “namely” and sub-paragraphs (ii) and (iii).
1996 c. 52	Housing Act 1996	Section 105(3). Section 111. In Schedule 9, paragraph 3 and sub-paragraphs 5(2) and (3). In Schedule 10, paragraph 4.

PART 2

Chapter	Short Title	Extent of Repeal
1993 c. 28	Leasehold Reform, Housing and Urban Development Act 1993	In section 39— in subsection (2), paragraph (b) and the word “and” before it, subsections (2A) and (2B), subsections (3)(c) and (d), and subsections (4A) and (5). Section 42(3)(b)(iii) and (iv) and (4). In section 45(5), the words “and (b)”. Section 62(4). In section 94— in subsections (3) and (4), the words “which is at a low rent or for a particularly long term”, in subsection (12), the words “which is at a low rent or for a particularly long term” and the words “, 8 and 8A”. In Schedule 13, in paragraph 1, the definition of “the valuation date”.
1996 c. 52	Housing Act 1996	Section 112. In Schedule 9, paragraph 4.

PART 3

Chapter	Short Title	Extent of Repeal
1967 c. 88	Leasehold Reform Act 1967	In section 1— in subsection (1), the words “, occupying the house as his residence,” and the words “, and occupying it as his residence,”, subsection (2), and in subsection (3)(a) the words “and occupied by”. In section 1AA— in subsection (1)(b), the words “falls within subsection (2) below and”, and subsections (2) and (4). In section 2— in subsection (3), the words “and occupied by” and the words from “and are occupied” to the end, and in subsection (4) the words “or a subletting”. In section 3(3) the words “, except section 1AA,”. In section 6— in subsection (2), the words “in respect of his occupation of the house”, and in subsection (5) the words “or statutory owners, as the case may be,” and the words “or them”. In section 7— in subsection (1) the words “while occupying it as his residence”, the words “, and occupying the house as his residence,” and paragraph (b) and the word “and” before it, in subsection (4), the words “while so occupying the house” and the words “occupying in right of the tenancy”, and subsection (6). In section 9— in subsection (1), the words “who reside in the house”, in subsection (1A)(a) the words “and where the tenancy has been extended under this Part of this Act that the tenancy will terminate on the original term date” and subsection (1C)(a). In section 16— subsection (1)(a), in subsection (2), the words “or occupied”, the words “(a) or” and the words “the freehold or”, in subsection (3), the words “the freehold or” and the proviso, and in subsection (4) the words “the freehold or”. In section 37— in subsection (4) the words “, except section 1AA,”, and in subsection (5), the words from the beginning to “but”. In Schedule 3, in paragraph 6, sub-paragraph (1)(d) and, in sub-paragraph (2) the words “and (d)”. In Schedule 4A, in paragraph 3(2)(d), the word “assign”.
1980 c. 51	Housing Act 1980	In Schedule 21, paragraph 1.
1989 c. 42	Local Government and Housing Act 1989	Schedule 11, paragraph 10.

Article 2(b)

SCHEDULE 2 TRANSITIONAL PROVISIONS AND SAVINGS

Collective enfranchisement by tenants of flats

1.  The amendments made to the 1993 Act by sections 115 to 120, 125 and 127 to 128 and the repeals in Part 1 of Schedule 1 to this Order shall not have effect in relation to an application for collective enfranchisement in respect of which—

(a) a notice was given under section 13 of the 1993 Act; or

(b) an application was made for an order under section 26 of that Act before the commencement date.

2.  Until the coming into force of sections 121 to 124, in a case where there are only two qualifying tenants of flats contained in the premises, section 13(2)(b) of the 1993 Act as amended by section 119, shall not be satisfied unless both tenants are participating tenants as defined in section 14 of that Act.

3.  Sub-paragraph (2A) of paragraph 4 of Schedule 6 to the 1993 Act inserted by section 128, shall, until the coming into force of sections 121 to 124, have effect as if the reference to participating members were a reference to participating tenants as defined in section 14 of that Act.

New leases for tenants of flats

4.  The amendments made to the 1993 Act by sections 130, 131 and 134 to 136, the repeals to sections 5, 7, 8 and 8A of that Act in Part 1 of Schedule 1 to this Order and the repeals in Part 2 of that Schedule shall not have effect in relation to an application for a new lease of a flat in respect of which—

(a) a notice was given under section 42 of the 1993 Act, or

(b) an application was made for an order under section 50 of that Act

before the commencement date.

Enfranchisement and lease extensions for leasehold houses

5.  The amendments made to the 1967 Act by sections 138 to 141 and sections 143 to 147 and the repeals in Part 3 of Schedule 1 to this Order, shall not have effect in relation to an application for enfranchisement or an extended lease of a house in respect of which—

(a) a notice was given under section 8 or 14 of the 1967 Act, or

(b) an application was made under section 27 of that Act

before the commencement date.

Managers appointed by leasehold valuation tribunal

6.  Amendments made to the Landlord and Tenant Act 1987(5) by sections 160 and 161 shall not have effect in relation to an application made under Part II of the Landlord and Tenant Act 1987 before the commencement date.

Grounds for application to vary a lease

7.  The amendments made to the Landlord and Tenant Act 1987 by section 162 shall not have effect in respect of an application made under section 35 of the Landlord and Tenant Act 1987 before the commencement date.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st January 2003 various provisions of the Commonhold and Leasehold Reform Act 2002 in relation to Wales, subject to the transitional provisions and savings in Schedule 2.

The provisions provide for changes to:

(a) collective enfranchisement by tenants of flats: sections 114 to 120, 125, 127 to 128;

(b) acquisition of new leases for tenants of flats: sections 129 to 136;

(c) enfranchisement and lease extension by tenants of houses: sections 137 to 147;

(d) applications to a leasehold valuation tribunal for the appointment of a manager to a block of flats: sections 160 and 161; and

(e) the grounds for applying to vary a lease: section 162.

The Order also brings into force consequential amendments and repeals in other Acts.

(1)

2002 c. 15. The National Assembly for Wales can exercise the power under this section only as respects Wales - see section 181(4)(b) of the Commonhold and Leasehold Reform act 2002.

(2)

1967 c. 88.

(3)

1993 c. 28.

(4)

1998 c. 38.

(5)

1987 c. 31.