The Housing Act 2004 (Commencement No. 3 and Transitional Provisions and Savings) (Wales) Order 2006

Made: 13 June 2006

The National Assembly for Wales, in exercise of the powers conferred on it by sections 76(6), 250(2) and 270(4), (5) and (10) of the Housing Act 2004[^f00001], makes the following Order:

Title, interpretation and application

1

• (1) The title of this Order is the Housing Act 2004 (Commencement No. 3 and Transitional Provisions and Savings) (Wales) Order 2006.

• (2) In this Order—

• (a) “the 1985 Act” (“Deddf 1985”) means the Housing Act 1985[^f00002];

• (b) “the 2004 Act” (“Deddf 2004”) means the Housing Act 2004;

• (c) “the commencement date” (“y dyddiad cychwyn”) means 16 June 2006; and

• (d) any reference to a repeal is to a repeal contained in Schedule 16 to the 2004 Act.

• (3) This Order applies in relation to Wales.

Provisions coming into force on the commencement date

2

The following provisions of the 2004 Act come into force on the commencement date—

• (a) in so far as they are not already in force[^f00003], sections 1, 3, 5 to 8, 10 to 52, 54, 55, 58 to 78, 82 to 147, 229 to 232, 235, 236, 238 to 243, Schedules 1 to 7 and Schedule 13;

• (b) section 265(1) in so far as it relates to paragraphs 2 to 6, 9 to 36 and 38 to 44 of Schedule 15 (minor and consequential amendments);

• (c) section 266 in so far as it relates to the repeals in—

• (i) the Friendly and Industrial and Provident Societies Act 1968[^f00004];

• (ii) the Land Compensation Act 1973[^f00005];

• (iii) the Civil Aviation Act 1982[^f00006];

• (iv) the Mobile Homes Act 1983[^f00007];

• (v) the 1985 Act;

• (vi) the Housing Associations Act 1985[^f00008];

• (vii) the Housing (Consequential Provisions) Act 1985[^f00009];

• (viii) the Airports Act 1986[^f00010];

• (ix) the Housing Act 1988[^f00011];

• (x) the Electricity Act 1989[^f00012]);

• (xi) the Local Government and Housing Act 1989[^f00013]);

• (xii) the Housing Act 1996[^f00014]);

• (xiii) the Housing Grants, Construction and Regeneration Act 1996[^f00015]); and

• (xiv) the Transport Act 2000[^f00016]).

Transitional provisions and savings

3

The Schedule has effect for the purpose of making transitional provisions and savings in connection with the coming into force of provisions mentioned in article 2.

SCHEDULE

PART 1 — ACTION UNDER THE 1985 ACT RELATING TO UNFITNESS

Repair notices

1

• (1) A repair notice served under section 189 or 190 of the 1985 Act before the commencement date ceases to have effect on that date unless it is a notice to which sub-paragraph (2) applies.

• (2) This sub-paragraph applies to a repair notice—

• (a) which has become operative as mentioned in section 189(4) or 190(4) of the 1985 Act before the commencement date; or

• (b) in respect of which an appeal has been brought under section 191 of that Act before that date.

• (3) During the period beginning on the commencement date and ending on 15 June 2007, the repeal of sections 189 to 208, 345, 398, 604 and 604A of, and Schedule 10 to, the 1985 Act do not have effect in relation to a repair notice to which sub-paragraph (2) applies.

• (4) Where—

• (a) an appeal in respect of a repair notice to which sub-paragraph (2) applies is allowed; and

• (b) the judge includes in the judgment a finding such as is mentioned in section 191(3) of the 1985 Act,

the local housing authority must take the finding into account if they subsequently consider taking action of a kind mentioned in section 5(2) or 7(2) of the 2004 Act in respect of the premises concerned.

• (5) A repair notice to which sub-paragraph (2) applies ceases to have effect on 16 June 2007 except in relation to anything done in connection with the notice before that date.

• (6) The repeal of section 191(3A)(b) of the 1985 Act does not have effect in relation to an order made by a court under that paragraph before that date.

• (7) The amendment made by paragraph 4(2) of Schedule 15 to the 2004 Act (which amends the Land Compensation Act 1973) does not have effect in relation to a repair notice to which sub-paragraph (2) applies.

Closing orders

2

• (1) A closing order made under section 264 or 368(4) of the 1985 Act before the commencement date ceases to have effect on that date unless it is an order to which sub-paragraph (2) applies.

• (2) This sub-paragraph applies to a closing order—

• (a) which has become operative as mentioned in section 268(2) of the 1985 Act before the commencement date; or

• (b) in respect of which an appeal has been brought under section 269 of that Act before that date.

• (3) During the period beginning on the commencement date and ending on 15 June 2008, the following does not have effect in relation to a closing order to which sub-paragraph (2) applies—

• (a) the repeal of sections 264, 267(2) and (3), 269(2A) and (3A), 276 to 278, 368, 395, 396, 397, 604 and 604A of the 1985 Act;

• (b) the repeals in sections 317, 319(1)(b) and 323 of that Act; and

• (c) the amendments made by section 48(2) and (4) of, and paragraphs 13, 14, 22, 26, 27 and 33 of Schedule 15 to the 2004 Act.

• (4) Where—

• (a) an appeal in respect of a closing order to which sub-paragraph (2) applies is allowed; and

• (b) the judge includes in the judgment a finding such as is mentioned in section 269(3A) of the 1985 Act,

the local housing authority must take the finding into account if they subsequently consider taking action of a kind mentioned in section 5(2) or 7(2) of the 2004 Act in respect of the premises concerned.

• (5) A closing order to which sub-paragraph (2) applies ceases to have effect on 16 June 2008 except in relation to anything done in connection with the order before that date.

• (6) The amendments made by—

• (a) paragraphs 3, 4(3), 5 and 6 of Schedule 15 to the 2004 Act (which amend the Land Compensation Act 1973); and

• (b) paragraphs 30 and 31 of that Schedule (which substitute compensation provisions of the Housing Act 1985),

do not have effect in relation to a closing order to which sub-paragraph (2) applies.

Demolition orders

3

• (1) A demolition order made under section 265 or 279 of the 1985 Act before the commencement date ceases to have effect on that date unless it is an order to which sub-paragraph (2) applies.

• (2) This sub-paragraph applies to a demolition order—

• (a) which has become operative as mentioned in section 268(2) of the 1985 Act before the commencement date; or

• (b) in respect of which an appeal has been brought under section 269 of that Act before that date.

• (3) During the period beginning on the commencement date and ending on 15 June 2008, the following do not have effect in relation to a demolition order to which sub-paragraph (2) applies—

• (a) the repeal of sections 269(2A) and (3A), 604 and 604A of the 1985 Act;

• (b) the repeals in section 323 of that Act; and

• (c) the amendments made by sections 46 and 48(2) to (4) of, and paragraphs 13 to 18, 21, 22, 26, 27, and 33 of Schedule 15 to the 2004 Act.

• (4) Where—

• (a) an appeal in respect of a demolition order to which sub-paragraph (2) applies is allowed; and

• (b) the judge includes in the judgment a finding such as is mentioned in section 269(3A) of the 1985 Act,

the local housing authority must take the finding into account if they subsequently consider taking action of a kind mentioned in section 5(2) or 7(2) of the 2004 Act in respect of the premises concerned.

• (5) During the period mentioned in sub-paragraph (3)—

• (a) section 275 of the 1985 Act (demolition orders: substitution of closing orders) has effect in relation to a demolition order to which sub-paragraph (2) applies as if—

• (i) in subsection (1) the words “and make a closing order as respects the premises” were omitted; and

• (ii) for subsection (2) there were substituted—

(2) The authority must serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a demolition order as respects the premises.

; and

• (b) subsection (2) of section 304 of the 1985 Act (closing order to be made in respect of listed building subject to section 265) has effect in relation to such an order as if for the words after “operative” there were substituted the words “and they must serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a demolition order as respects the premises”.

• (6) A demolition order to which sub-paragraph (2) applies cease to have effect on 16 June 2008 except in relation to anything done in connection with the order before that date.

• (7) The amendments made by—

• (a) paragraphs 3, 4(3), 5 and 6 of Schedule 15 to the 2004 Act; and

• (b) paragraphs 30 and 31 of that Schedule,

do not have effect in relation to a demolition order to which sub-paragraph (2) applies.

Obstructive building orders

4

An obstructive building order served under section 284 of the 1985 Act before the commencement date ceases to have effect on that date except in relation to anything done in connection with the order before that date.

Clearance areas

5

• (1) The amendments made by section 47 of, and paragraphs 19, 22, 26 and 27 of Schedule 15 to, the 2004 Act do not have effect in relation to an area declared to be a clearance area under section 289(3)(b) of the 1985 Act before the commencement date.

• (2) This sub-paragraph applies where, before the commencement date, a local housing authority—

• (a) have served notice under section 289(2B)(a) of the 1985 Act of intention to include a building in an area which is to be a clearance area; but

• (b) have not passed a resolution under section 289(3)(b) of that Act declaring the area to be a clearance area.

• (3) Where sub-paragraph (2) applies—

• (a) the notice mentioned in paragraph (a) of that sub-paragraph ceases to have effect; and

• (b) the requirements of section 289(2B)(b) and (c) and (2F) cease to apply to the local housing authority.

Purchase of houses liable to be demolished or closed

6

• (1) A notice of determination to purchase premises served under section 300(2)(a) of the 1985 Act before the commencement date ceases to have effect on that date unless it is a notice to which sub-paragraph (2) applies.

• (2) This sub-paragraph applies to a notice of determination—

• (a) which has become operative under section 268(2) of the 1985 Act[^f00018] before the commencement date; or

• (b) in respect of which an appeal has been brought under section 269 of that Act before that date.

• (3) The amendments made by section 48(2) of, and paragraphs 13, 14, 20, 21, 26 and 27 of Schedule 15 to, the 2004 Act do not have effect in relation to a notice of determination to which sub-paragraph (2) applies.

Owner’s proposals for re-development

7

• (1) This paragraph applies in relation to any proposals submitted to a local housing authority under subsection (1) of section 308 of the 1985 Act (approval of owner’s proposals for re-development) before the commencement date.

• (2) Where notice under subsection (2) of that section has not been given before that date, the authority ceases to be subject to the requirements of that subsection on and after that date.

• (3) Subject to sub-paragraph (4), any notice given under that subsection before that date ceases to have effect except in relation to anything done in connection with it before that date.

• (4) If the authority, on or after that date, consider taking action of a kind mentioned in section 5(2) or 7(2) of the 2004 Act in respect of the premises to which such a notice relates, the authority must, when making their decision, take into account the notice and the extent to which re-development has been proceeded with in accordance with the proposals and within the time-limits specified in the notice (subject to any variation or extension approved by the authority before that date).

Owner’s proposals for improvement or alteration

8

• (1) Subject to sub-paragraph (2), any proposals submitted by an owner, or certificate issued by a local housing authority, under section 310 of the 1985 Act (owner’s improvements or alterations) before the commencement date cease to have effect on that date except in relation to anything done in connection with them before that date.

• (2) The repeal of section 311(2) of the 1985 Act (proposals to be treated as objection to compulsory purchase order) does not have effect in relation to proposals—

• (a) submitted by an owner under section 310 of that Act; and

• (b) transmitted by the local housing authority to the National Assembly for Wales under section 311(1) of that Act,

before the commencement date.

Authorisation by court of execution of works on unfit premises etc.

9

The amendments made by section 48(5) of, and paragraphs 25 to 27 of Schedule 15 to, the 2004 Act do not have effect in relation to an application made to the court under section 318 of the 1985 Act before the commencement date.

Deferred action notices etc.

10

• (1) Subject to sub-paragraph (3), a deferred action notice served under section 81 of the Housing Grants, Construction and Regeneration Act 1996 (“the 1996 Act”) before the commencement date ceases to have effect on that date except in relation to anything done in connection with the notice before that date.

• (2) The repeal of section 86 of the 1996 Act (unfitness for human habitation etc: power to improve enforcement procedures) does not have effect in relation to any appeal brought under section 191 (repair notices) or 269 (closing and demolition orders) of the 1985 Act before the commencement date.

• (3) The repeal of sections 87 (unfitness for human habitation etc: power to charge for enforcement action) and 88 (recovery of charge for enforcement action) do not have effect in relation to—

• (a) any action of a kind mentioned in section 87(1) of that Act which has been taken before the commencement date; or

• (b) an appeal such as is mentioned in section 87(6) of that Act which has been brought before that date.

PART 2 — MEASURES RELATING TO HOUSES IN MULTIPLE OCCUPATION UNDER PART 11 OF THE HOUSING ACT 1985

Interpretation of Part

Registration Schemes

Areas deemed to be designated under section 56 of the 2004 Act

HMOs registered under certain relevant schemes: transitional arrangements relating to introduction of licensing

Applications for HMO registration outstanding on the commencement date: transitional arrangements

Fitness of a house in multiple occupation for the number of occupants

Overcrowding notices

Means of escape from fire

Standards of Management

Works carried out by a local housing authority and enforcement

Control Orders

11

• (1) This paragraph applies to a control order made under section 379(1) of the 1985 Act before the commencement date.

• (2) The repeal of sections 379 to 397 of, and Schedule 13 to, the 1985 Act will not have effect in relation to a control order to which this paragraph applies.

• (3) For so long as a control order to which this paragraph applies continues in force on and after the commencement date, the provisions of Part 2 and 3 and Chapter 1 of Part 4 of the 2004 Act will not have effect in relation to the house which is subject to the order.

• (4) This sub-paragraph applies to a house which is subject to a control order to which this paragraph applies if, on the date, or immediately before the date, the order expires or is revoked in accordance with section 392 of the 1985 Act, the house is—

• (a) a HMO which is required to be licensed under Part 2 or 3 of the 2004 Act but is not so licensed and the local housing authority consider either—

• (i) that there is no reasonable prospect of it being so licensed in the near future, or

• (ii) that the health and safety condition described in section 104 of the 2004 Act is satisfied; or

• (b) is a house other than one which is required to be licensed under Part 2 of the 2004 Act but in relation to which the local housing authority considers that that condition is satisfied.

• (5) The local housing authority is not required to make an interim management order under section 102 of the 2004 Act before making a final management order under section 113 of that Act in respect of a house to which sub-paragraph (4) applies.

• (6) Section 113 of the 2004 Act has effect for the purpose of the making of a final management order in respect of a house to which sub-paragraph (4) applies as if-

• (a) in subsection (1) the words “who have made an interim management order in respect of a house under section 102 (“the IMO”)” were omitted; and

• (b) in subsections (2) and (3)—

• (i) references to the IMO were construed as references to the control order to which this paragraph applies; and

• (ii) references to the expiry date of the IMO were construed as references to the date mentioned in sub-paragraph (4).

• (7) Section 114 of the 2004 Act has effect for the purpose of the making of a final management order in respect of a house to which sub-paragraph (4) applies as if—

• (a) references to a “new final management order” were references to a final management order made under section 113 of that Act as modified by sub-paragraph (6); and

• (b) references to the “existing order” in subsections (5) to (7) were references to the control orders to which this paragraph applies.

• (8) A control order to which sub-paragraph 4 applies remains in force until—

• (a) an interim management order under section 102 of the 2004 Act is made;

• (b) a final management order under section 113 of the 2004 Act is made; or

• (c) the local housing authority decide that neither type of order described in paragraphs (a) or (b) of this sub-paragraph should be made.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00017].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 13 June 2006

Explanatory note

(This note is not part of the Order)

This Order is the third Commencement Order made under the Housing Act 2004 (“the Act”) and brings further provisions of the Act into force in Wales, subject to the transitional provisions and savings made in the Schedule to the Order.

The Order brings into force on 16 June 2006 various provisions of the Act listed under article 2.

Article 2 brings into force most of the provisions of the following Parts of the Act on 16 June to the extent they are not already in force:

Part 1, which introduces a new system for local housing authorities to assess housing conditions and enforce housing standards. Part 1 replaces Part 6 of the Housing Act 1985 (repair notices) and amends Part 9 of that Act (slum clearance).

Part 2, which provides for the licensing by such authorities of houses in multiple occupation and replaces Part 11 of the Housing Act 1985.

Part 3, which provides for the selective licensing by such authorities of other residential accommodation.

Part 4, which provides for additional control by such authorities in relation to residential accommodation by the making of management orders and empty dwelling management orders and the service of overcrowding notices.

Part 7, which provides for residential property tribunals and contains other supplementary and final provisions for the purposes of the Act.

Article 2 brings into force the remaining provisions of Parts 2 to 4 and those that relate to offences in Parts 2 and 3, the making of rent repayment orders in consequence of operating premises required to be licensed under those Parts which are not licensed and the authorisation by a residential property tribunal of the making of an interim empty dwelling management order under Chapter 2 of Part 4. Article 2 also brings into force minor or consequential amendments in Schedule 15, and repeals in Schedule 16 to the Act which are associated with the other provisions brought into force by the Order.

Footnotes

[^f00001]: 2004 c. 34. The powers conferred by section 270(4), (5) and (10) are exercisable, as respects Wales, by the National Assembly for Wales. See the definition of the “appropriate national authority” in section 261(1) of the 2004 Act.

[^f00002]: 1985 c. 68.

[^f00003]: So far as a provision of the 2004 Act confers power to make an order or regulations exercisable by the National Assembly for Wales it came into force on the passing of that Act by virtue of section 270(2)(b) of the Act. Some provisions brought into force by this Order have already been brought into force partially by earlier commencement orders.

[^f00004]: 1968 c. 55.

[^f00005]: 1973 c. 26.

[^f00006]: 1982 c. 16.

[^f00007]: 1983 c. 34.

[^f00008]: 1985 c. 69.

[^f00009]: 1985 c. 71.

[^f00010]: 1986 c. 31.

[^f00011]: 1988 c. 50.

[^f00012]: 1989 c. 29.

[^f00013]: 1989 c. 42.

[^f00014]: 1996 c. 52.

[^f00015]: 1996 c. 53.

[^f00016]: 2000 c. 38.

[^f00017]: 1998 c. 38.

[^f00018]: Section 300(2)(b) of the Housing Act 1985 applies sections 268(2) and 269(1), (2), (3) and (6) of that Act to a notice under section 300 as they apply to a demolition or closing order.

[^f00019]: For the meaning of HMO see section 77 of the 2004 Act.

[^f00020]: By section 346A(2)(a) of the 1985 Act registration under a scheme made under section 346 is for a period of five years from the date of registration.