The Housing and Regeneration Act 2008 (Commencement No.6 and Transitional and Savings Provisions) Order 2009

Made: 4th August 2009

The Secretary of State, in exercise of the powers conferred by sections 322 and 325(1) and (4) of the Housing and Regeneration Act 2008[^f00001], makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 6 and Transitional and Savings Provisions) Order 2009.

• (2) In this Order—

• “the 2008 Act” means the Housing and Regeneration Act 2008; and

• “the commencement date” means 7th September 2009.

Commencement of certain provisions of the Act

2

• (1) Section 114 of the 2008 Act (registration of local authorities), so far as not already in force, shall come into force, in relation to England, on the commencement date.

• (2) The following provisions of the 2008 Act shall come into force, in relation to England, on the commencement date, subject to article 3(1) and (2)—

• (a) section 300 (right to acquire freehold: abolition of low rent test);

• (b) sections 301 (shared ownership leases: protection for certain leases) and 302 (shared ownership leases: protection for hard to replace houses), in so far as they are not already in force; and

• (c) except as mentioned in section 325(2)(b) of the 2008 Act, section 321(1) (consequential amendments and repeals) and Schedule 16 (repeals and revocations), in so far as they relate to the repeal of such provisions of the 1967 Act as are listed in Schedule 16.

• (3) Section 316 of the 2008 Act (amendments to Housing Act 1985: lending institutions) shall come into force on the commencement date, subject to article 3(3).

Transitional and savings provisions

3

• (1) Subject to paragraph (2), the amendments made in consequence of article 2(2)(a) and (c) shall not have effect as regards any long tenancy[^f00002] within the meaning of Part 1 of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)—

• (a) granted before the commencement date; or

• (b) granted after the commencement date but arising from a written agreement for the grant of that tenancy made before the commencement date.

• (2) Section 1AA of the Leasehold Reform Act 1967 (additional right to enfranchisement only in case of houses whose rent exceeds applicable limit under section 4)[^f00003] shall continue to have effect as regards a tenancy granted—

• (a) before the commencement date; and

• (b) in respect of a house that is within an area described in the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009[^f00004],

and for the purpose of the application of that section the areas described in that Order shall be treated as areas designated as rural areas under subsection (3)(a) of that section.

• (3) The amendments made by section 316 of the 2008 Act shall not have effect for the purpose of defining “approved lending institutions” in sections 36(4), 151B(5) and 156(4) of the Housing Act 1985[^f00005] where the advance concerned was made before the commencement date.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

John Healey — Minister for Housing and Planning — Department for Communities and Local Government — 4th August 2009

Explanatory note

(This note is not part of the Order)

This Order commences certain provisions of Parts 2 and 3 of the Housing and Regeneration Act 2008 (“the 2008 Act”). Article 2(1) and (2) has effect in England only and article 2(3) has effect in England and Wales.

Article 2 (1) commences the remainder of section 114 which gives the Secretary of State powers to make an order in relation to the registration of local authorities as providers of social housing

Article 2 (2) commences the provisions on leasehold enfranchisement in sections 300 to 302 of the 2008 Act, so far as they are not already in force, subject to the transitional and savings provisions in article 3(1) and 3(2). Sections 300 to 302, which make amendments to the Leasehold Reform Act 1967, have effect only in respect of a tenancy granted after the commencement of these provisions, or granted after the commencement date where an agreement for that tenancy was entered into before the commencement date.

Article 2 (3) commences section 316 of the 2008 Act, subject to the savings in article 3(3). Section 316 of the Act amends the definitions in section 622(1) of the Housing Act 1985 of “authorised deposit taker” and “authorised insurer”.

Footnotes

[^f00001]: 2008 c.17.

[^f00002]: For the meaning of “long tenancy” see section 3 of the 1967 Act.

[^f00003]: Section 1AA of the 1967 Act was inserted by section 106 of, and paragraph 1 of Schedule 9 to, the Housing Act 1996 (c. 56) and was subsequently amended by sections 141(1) and 180 of, and Schedule 14 to, the Commonhold and Leasehold Reform Act 2002 (c. 15).

[^f00004]: S.I 2009/2098, being an order made under paragraph 4A of Schedule 4A to the 1967 Act.

[^f00005]: 1985 c. 68). Section 151B was inserted by section 118 the Leasehold Reform, Housing and Urban Development Act 1993 (c.28 ) and section 151B(5) was further amended by section 140 of and paragraph 5 of Schedule 16 to, the Government of Wales Act 1998 (c. 38) and by articles 1 and 299(3) of S.I. 2001/3649.