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The Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998

Type Statutory-Instrument

Publication 1998-07-21

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 21st July 1998

The Secretary of State, in exercise of the powers conferred upon him by section 232(3) and (4) of the Housing Act 1996¹ and all other powers enabling him in that behalf, hereby makes the following Order—

Citation

1

This Order may be cited as the Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998.

Commencement

2

Subject to article 3, section 83 of the Housing Act 1996, to the extent that it does not, because of paragraph 1 of the Schedule to the Housing Act 1996 (Commencement No. 11 and Savings) Order 1997², already have effect, shall have effect from 11th August 1998 and come into force on that date.

Transitional Provision

3

No application may be made to a leasehold valuation tribunal under section 19(2A) or (2B) of, or paragraph 8 of the Schedule to, the Landlord and Tenant Act 1985³ in respect of a matter in respect of which, before 1st September 1997,—

(a) court proceedings have been begun, or

(b) a reference to arbitration has been made,

but without prejudice to the operation of section 31C of that Act⁴ (transfer of cases from county court) in relation to any question falling for determination in those court proceedings.

Signed

Signed by authority of the Secretary of State

Hilary Armstrong — Minister of State, — Department of the Environment, Transport and the Regions — 21st July 1998

Explanatory note

(This note is not part of the Order)

This Order brings section 83 of the Housing Act 1996 (determination of reasonableness of service charge and right to challenge landlord’s choice of insurers) into force on 11th August 1998 to the extent that it does not already have effect (and subject to the transitional provision in article 3). Section 83 was brought into force by S.I. 1997/1851 (c. 75), subject to the savings in paragraph 1 of the Schedule to that instrument (cases where court proceedings or arbitration under way). The effect of this Order is to enable a court to refer matters which were the subject of court proceedings as at 1st September 1997 to a leasehold valuation tribunal.

Footnotes

1996 c. 52.

S.I. 1997/1851 (C.75).

1996 c. 70; subsections (2A) and (2B) were inserted by section 83(1) of the Housing Act 1996 and the Schedule was inserted by section 43 of the Landlord and Tenant Act 1987 (c. 31) and paragraph 8 was substituted by section 83(2) of the 1996 Act.

Section 31C was inserted by section 83(3) of the Housing Act 1996.

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