The Housing Act 1996 (Commencement No. 11 and Savings) Order 1997

Made: 25th July 1997

The Secretary of State, in exercise of the powers conferred upon him by section 232(3) and (4) of the Housing Act 1996[^f00001] and all other powers enabling him in that behalf, hereby makes the following Order—

Citation and interpretation

1

• (1) This Order may be cited as the Housing Act 1996 (Commencement No. 11 and Savings) Order 1997.

• (2) In this Order “the commencement date” means 1st September 1997.

Commencement

2

Subject to the savings in the Schedule to this Order, the following provisions of the Housing Act 1996 shall come into force on the commencement date—

• (a) section 83 to the extent that it is not already in force,

• (b) section 86 to the extent that it is not already in force,

• (c) sections 152 to 154,

• (d) section 155(1) and (2) (except for subsection (2)(b)),

• (e) sections 157 and 158, and

• (f) section 227 in so far as it relates to the repeals to the Landlord and Tenant Act 1985[^f00002] and the Arbitration Act 1996[^f00003] in Part III of Schedule 19 to that Act.

SCHEDULE — SAVINGS

Service charges

1

Section 83 of the Housing Act 1996 (determination of reasonableness of service charges) and the repeals referred to in article 2(f) (consequential repeals) shall not have effect in relation to any matter relating to—

• (a) a service charge (within the meaning of section 18 of the Landlord and Tenant Act 1985); or

• (b) paragraph 8 of the Schedule to the Landlord and Tenant Act 1985 (right to challenge landlord’s choice of insurers)

Appointment of manager

2

Section 86 of the Housing Act 1996 (appointment of manager: transfer of jurisdiction to leasehold valuation tribunal) shall not have effect—

• (a) in a case where an application is made to court for an order under section 24 of the Landlord and Tenant Act 1987[^f00004] (appointment of manager), which is not an application for an order varying or discharging a previous order under that section, and—

• (i) notice has been served under section 22 of that Act (preliminary notice by tenant) before the commencement date, or

• (ii) an application has been made to the court before the commencement date for the requirement to serve such a notice to be dispensed with; or

• (b) in a case where an application for an order varying or discharging an order under section 24 is made before the commencement date.

Signed

Signed by authority of the Secretary of State

Hilary Armstrong — Minister of State, — Department of the Environment, Transport and the Regions — 25th July 1997

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings the following provisions of the Housing Act 1996 into force (subject to the savings in the Schedule) on 1st September 1997:

• section 83 (determination of reasonableness of service charges) and the consequential repeals in Part III of Schedule 19 to that Act specified in article 2(f),

• section 86 (appointment of manager: transfer of jurisdiction to leasehold valuation tribunal),

• sections 152 to 154 (anti-social behaviour: power to grant injunctions and power of arrest),

• section 155(1) and (2) (except for subsection (2)(b)) (anti-social behaviour: arrest and remand),

• sections 157 and 158 (anti-social behaviour: supplementary provisions on power of arrest and interpretation).

Footnotes

[^f00001]: 1996 c. 52.

[^f00002]: 1985 c. 70.

[^f00003]: 1996 c. 23.

[^f00004]: 1987 c. 31.