Made | 4th August 2003 |
(3) This Order applies to England only.
Provisions coming into force on the first commencement date
2.
The following provisions shall come into force on the first commencement date -
Provisions coming into force on the second commencement date
3.
- (1) Subject to paragraphs (2) to (7), section 151, to the extent that it is not already in force, shall come into force on the second commencement date.
(2) In relation to any case to which paragraph (3), (4), (5) or (7) applies, the amendment made by section 151 shall have no effect and the Service Charge (Estimates and Consultation) Order 1988[7] shall continue to apply.
(3) This paragraph applies where qualifying works are begun before the second commencement date.
(4) This paragraph applies where, in relation to qualifying works, the landlord has given or displayed the notice required under section 20 of the 1985 Act before the second commencement date.
(5) This paragraph applies where, in relation to qualifying works to which paragraph (6) applies, the landlord has given notice in the Official Journal of the European Union in accordance with the Public Works Contracts Regulations 1991[8], the Public Services Contracts Regulations 1993[9] or the Public Supply Contracts Regulations 1995[10] before the second commencement date.
(6) This paragraph applies to qualifying works which are carried out under a contract which -
(7) This paragraph applies where, under an agreement entered into, by or on behalf of the landlord or a superior landlord, before the second commencement date, qualifying works are carried out at any time in the period starting with the second commencement date and ending two months after that date.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
4th August 2003
Short title and chapter | Extent of repeal |
Leasehold Reform Act 1967 (c. 88) | Section 21(1A) and (3) to (4A). |
Housing Act 1980 (c. 51) |
In section 142 - subsection (2), and in subsection (3), the words from the beginning to "and". In Schedule 22 - Part 1, and in Part 2, paragraph 8(4) to (6). |
Landlord and Tenant Act 1985 (c. 70) |
Sections 31A to 31C. In the Schedule, paragraph 8(5). |
Landlord and Tenant Act 1987 (c.31) |
Section 23(2). Sections 24A and 24B. In section 38, in the sidenote, the words "by the court". Section 52A In section 53(2), the words "under section 52A(3) or". |
Tribunals and Inquiries Act 1992 (c. 53) | In Schedule 3, paragraph 13. |
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) Leasehold Reform, Housing and Urban Development Act 1993 Cont'd |
Section 75(4) and (5). In section 88 - in subsection (2)(b), the words "constituted for the purposes of that Part of that Act", andsubsections (3) to (5) and (7). In section 91 - in subsection (1), the words from the beginning to "this section; and", subsections (3) to (8), subsection (10), and in subsection (11), the words from "and the reference" to the end. In section 94, in subsection (10), the words from "and references in this subsection" to the end. In section 101(1), the definition of "rent assessment committee". |
Housing Act 1996 (c. 52) |
Section 83(3). Section 86(4) and (5). Section 119. In Schedule 6, in Part 4, paragraphs 7 and 8. |
Short title and chapter | Extent of repeal |
Landlord and Tenant Act 1985 (c. 70) |
Section 19(2A) to (3). In section 39, the entry relating to the expression "flat". In the Schedule - in the heading before paragraph 2, the words "Request for", in the heading before paragraph 4, the words "Request relating to", in the heading before paragraph 5, the words "on request". |
Landlord and Tenant Act 1987 (c. 31) |
In section 29(2)(a), the words "repair, maintenance, insurance or". Section 56(2). In Schedule 2, paragraphs 3 and 7. |
Housing Act 1996 (c. 52) |
Section 83(1). In Schedule 9, paragraph 2(3) and (7). |
before the first commencement date.
Insurance
7.
The amendments made by paragraphs 8 to 13 of Schedule 10 and the consequential repeals in the Schedule to the 1985 Act shall not apply to a request made under that Schedule before the first commencement date.
Administration charges: reasonableness, demands and liability to pay
8.
Paragraphs 2 to 5 of Schedule 11 shall not apply to an administration charge that was payable before the first commencement date.
Administration charges: appointment of a manager
9.
The amendments made by paragraph 8 of Schedule 11 shall not apply to an application made under section 24 of the 1987 Act before the first commencement date.
Charges under estate management schemes
10.
Section 159 shall not apply to a charge under an estate management scheme that was payable before the first commencement date.
Variation of leases: transfer of jurisdiction
11.
The amendments made by section 163 shall not have effect in relation to an application made to the court under Part 4 of the 1987 Act before the first commencement date.
Crown land: variation of leases
12.
A variation of any tenancy effected by or in pursuance of an order made before the first commencement date under section 38 of the 1987 Act shall not be treated as binding on the Crown, as predecessor in title under the tenancy, by virtue of section 39(1) of that Act.
Leasehold valuation tribunals
13.
Section 175, the amendments made by section 176 and Schedule 13 and the repeals in Part 1 of Schedule 1 to this Order shall not have effect in relation to -
before the first commencement date.
Subject to the savings in article 3, section 151 of the 2002 Act will come into force on the 31 October 2003. This section provides for new consultation requirements in relation to service charges.
Provision |
s.74 (partially) |
s.78 (partially) |
s.80 (partially) |
s.84 (partially) |
s.92 (partially) |
s.110 (partially) |
ss.114 to 120 |
s.122 (partially) |
s.125 |
s.127 to 147 |
ss. 151 to 153 (partially) |
s. 156 (partially) |
s.160 to 162 |
s.164 (partially) |
s. 166 (partially) |
s.167 (partially) |
s.171 (partially) |
s. 174 (partially) |
[8] S.I. 1991/2680, to which there are amendments not relevant to this Order.back
[9] S.I. 1993/3228, to which there are amendments not relevant to this Order.back
[10] S.I. 1995/201 to which there are amendments not relevant to this Order.back
© Crown copyright 2003 | Prepared 11 August 2003 |