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The Housing Act 2004 (Commencement No. 11) (England and Wales) Order 2008

Type Statutory-Instrument

Publication 2008-03-13

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 13th March 2008

The Secretary of State, in exercise of the powers conferred by section 270(6) and (8) of the Housing Act 2004¹, makes the following Order:

Citation and application

1

(1) This Order may be cited as the Housing Act 2004 (Commencement No. 11) (England and Wales) Order 2008.

(2) This Order applies in relation to England and Wales.

Commencement

2

(1) In so far as it is not already in force², Part 5 of (and Schedule 8 to) the Housing Act 2004 (“the Act”) shall come into force on 6th April 2008.

(2) The duties under sections 155 to 159 of the Act shall apply subject to the Home Information Pack (No.2) Regulations 2007³.

Signed

Kay Andrews — Parliamentary Under-Secretary of State — Department for Communities and Local Government — 13th March 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 fully in force in England and Wales on 6th April 2008. These provisions relate to home information packs.

Earlier commencement orders brought into force Part 5 on a phased basis as applied to residential properties of different types. This order brings into force Part 5 in relation to all remaining residential properties. By virtue of the earlier commencement orders, these are properties to which regulation 17C of the Building Regulations 2000 applies (which imposes minimum energy performance requirements). Once in force, the provisions will apply to a residential property unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007.

Footnotes

2004 c.34. The power conferred by section 270(6) is exercisable by the Secretary of State as respects both England and Wales.

Under section 270(2) of the Act, sections 161 to 164, 176 and any other provision conferring powers to make an order or regulations, came into force on the day the Act was passed. Part 5 of (and Schedule 8 to) the Act were brought into force with application to properties having four bedrooms or more by the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 (S.I. 2007/1668, C.66), with application to properties having three bedrooms by the Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 (S.I. 2007/2471, C.90) and with application to those having fewer than three bedrooms by the Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007 (S.I. 2007/3308, C.137).

S.I. 2007/1667.

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