The Housing (Prescribed Forms) Regulations 1990

Made: 5th March 1990

Laid before Parliament: 9th March 1990

Coming into force: 1st April 1990

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of their powers under sections 294(3), 330(3), 332(1)(a) and 614 of the Housing Act 1985,[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation commencement and interpretation

1

• (1) These Regulations may be cited as the Housing (Prescribed Forms) Regulations 1990 and shall come into force on 1st April 1990.

• (2) In these Regulations, “the Act” means the Housing Act 1985.

Prescribed Forms

2

• (1) The forms set out in the Schedule, or forms substantially to the like effect, shall be the forms to be used for the following purposes of the Act—

• (a) Form 1 for the order under section 294 (extinguishment of public rights of way over land acquired)[^f00002];

• (b) Form 3 for the licence of a local housing authority under section 330 (overcrowding);

• (c) Form 4 for the information to be contained in rent books under section 332 (provisions regarding overcrowding).

Manner of publishing right of way extinguishment order

3

The local housing authority shall on the same date

• (a) publish in one or more local newspapers circulating in their district a notice in the form set out in the Schedule as Form 2, or in a form substantially to the like effect, and

• (b) cause a copy of the same notice to be displayed in a prominent position at each end of the public right of way to which the order relates.

Revocation and amendment

4

• (1) The Housing Act (Overcrowding and Miscellaneous Forms) Regulations 1937[^f00003], the Housing Act (Form of Charging Order) Regulations 1939[^f00004],the Housing (Prescribed Forms) (Amendment etc.) Regulations 1974[^f00005], the Housing (Prescribed Forms)(Amendment) Regulations 1975[^f00006], the Housing (Prescribed Forms) (Amendment) Regulations 1981[^f00007] and the Housing (Prescribed Forms) (Repair Notices etc.) Regulations 1988[^f00008] are hereby revoked.

• (2) The Housing Act (Extinguishment of Public Right of Way) Regulations 1937[^f00009] shall not have effect in relation to an order made under section 294 of the Act on or after the coming into force of these Regulations.

• (3) The Housing (Prescribed Forms) Regulations 1972[^f00010] shall be amended by the omission of Forms 1 to 42 and 47 to 70 from Schedule 2 to those Regulations and the omission of references to those Forms from the list in Schedule 1 to those Regulations.

SCHEDULE

FORM 1

HOUSING ACT 1985

FORM 2

HOUSING ACT 1985

FORM 3

HOUSING ACT 1985

FORM 4

HOUSING ACT 1985

Signed

Chris Patten — Secretary of State for the Environment — 5th March 1990

Signed by authority of the Secretary of State for Wales

Ian Grist — Parliamentary Under-Secretary of State, Welsh Office — 5th March 1990

Explanatory note

(This note is not part of the Regulations)

Regulation 2 prescribes new forms for use by local housing authorities for the purposes of an order extinguishing a public right of way under section 294 of the Housing Act 1985 and for the purposes of Part X (overcrowding) of that Act.

Regulation 3 prescribes the manner of publishing an order under section 294.

Regulation 4 revokes or amends all the Regulations which prescribe forms for the purposes of the Housing Act 1985.

The revocation of the Housing Act (Extinguishment of Public Right of Way) Regulations 1937 does not have effect in relation to an order made under section 294 before 1st April 1990.

Footnotes

[^f00001]: 1985 c. 68.

[^f00002]: Section 294 is amended by paragraph 27 of Schedule 9 to the Local Government and Housing Act 1989 (c. 42).

[^f00003]: S.R.O. 1937/80.

[^f00004]: S.R.O. 1939/563.

[^f00005]: S.I. 1974/1511.

[^f00006]: S.I. 1975/500.

[^f00007]: S.I. 1981/1347.

[^f00008]: S.I. 1988/2189.

[^f00009]: S.R.O. 1937/79.

[^f00010]: S.I. 1972/228.