The Government of Wales Act 1998 (Housing) (Amendments) Order 1999

Made: 13th January 1999

Coming into force: 15th January 1999

The Secretary of State for Wales, in exercise of the powers conferred on him by section 143(3) and (4) of the Government of Wales Act 1998¹ and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has been approved by resolution of each House of Parliament, in accordance with section 154(2) of the said Act:–

Citation and commencement

1

This Order may be cited as the Government of Wales Act 1998 (Housing) (Amendments) Order 1999 and shall come into force on 15th January 1999.

Consequential amendments

2

The enactments referred to in the Schedule have effect with the amendments specified therein.

SCHEDULE — AMENDMENTS

Rent Act 1977

1

• (1) The Rent Act 1977² is amended as follows.

• (2) In section 86(2)(a)³ (tenancies to which Part VI applies) after “the Housing Corporation” insert “or to the Secretary of State where that interest belongs to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985⁴.”

• (3) In section 86(2)(b) (tenancies to which Part VI applies) after “but for section” insert “13 or”.

• (4) In section 93(1)⁵ (increase of rent without notice to quit) after “the Housing Corporation” insert “or the Secretary of State”.

Housing Act 1985

2

In paragraph 7(1) of Schedule 4 to the Housing Act 1985⁶ (the landlord condition) after “registered social landlord which is not a co-operative housing association” insert “the Secretary of State where that interest belonged to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.”

Housing Act 1988

3

• (1) The Housing Act 1988⁷ is amended as follows.

• (2) In section 35(5)⁸ (removal of special regimes for tenancies of housing associations etc) after “or the Housing Corporation” insert “or, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State,”.

• (3) In section 38⁹ (transfer of existing tenancies from public to private sector)–

• (a) in subsection (3) for “and (4A)” substitute “(4A) and (4B),”

• (b) after subsection (4A) insert–

(4B) Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.

• (4) At the end of paragraph 11(2) of Schedule 1 (Crown tenancies) add “or it is held by the Secretary of State as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.”

Signed

Signed by authority of the Secretary of State for Wales

Jon Owen Jones — Parliamentary Under Secretary of State, Welsh Office — 13th January 1999

Explanatory note

(This note does not form part of the Order)

This Order contains amendments of enactments in consequence of the coming into force of sections 140(1) to (4), including all provisions of Schedule 16, and 141 of the Government of Wales Act 1998 whereby the functions of Housing for Wales were transferred to the Secretary of State.

The amendments preserve the status and rights of tenants of residential dwellings which are acquired and/or disposed of by the Secretary of State in the exercise of functions which were previously exercised by Housing for Wales.

Footnotes