Statutory Instruments
2004 No. 2665
LANDLORD AND TENANT, ENGLAND
The Service Charges (Consultation Requirements) (Amendment) (England) Regulations 2004
Made
11th October 2004
Laid before Parliament
18th October 2004
Coming into force
8th November 2004
The First Secretary of State, in exercise of the powers conferred by sections 20(4) and (5) and 20ZA(3) to (6) of the Landlord and Tenant Act 1985( 1 ), hereby makes the following Regulations:
Citation, commencement and application
1. —(1) These Regulations may be cited as the Service Charges (Consultation Requirements) (Amendment) (England) Regulations 2004 and shall come into force on 8th November 2004.
(2) These Regulations apply in relation to England only.
Amendment of Regulations
2.Regulation 4 (application of section 20 to qualifying long term agreements) of the Service Charges (Consultation Requirements) (England) Regulations 2003( 2 ) is amended—
(a) in paragraph (3), by the substitution, for “In”, of “Subject to paragraph (3A), in”; and
(b) by the insertion, after paragraph (3) of the following paragraph—
“ (3A) Where—
(a) a landlord intends to enter into a qualifying long term agreement on or after date November 2004; and
(b) he has not at any time between 31st October 2003 and date November 2004 made up accounts relating to service charges referable to a qualifying long term agreement and payable in respect of the dwellings to which the intended agreement is to relate,
the relevant date is the date on which begins the first period for which service charges referable to that intended agreement are payable under the terms of the leases of those dwellings. ” .
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
11th October 2004
1985 c. 70 . Section 20 was substituted, and section 20ZA inserted, by section 151 of the Commonhold and Leasehold Reform Act 2002 (c. 15) . See also paragraph 4 of Schedule 7 to that Act for modifications relevant to sections 20 and 20ZA associated with the right to manage under Chapter 1 of Part 2 of that Act. The functions of the Secretary of State under sections 20 and 20ZA are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ), article 2; see the entry in Schedule 1 for the Landlord and Tenant Act 1985. See also section 177 of the Commonhold and Leasehold Reform Act 2002.