Statutory Instruments
2005 No. 1729 (C.74)
HOUSING, ENGLAND
The Housing Act 2004 (Commencement No. 4 and Transitional Provisions)(England) Order 2005
Made
29th June 2005
The First Secretary of State, in exercise of the powers conferred upon him by section 270(4), (5) and (9) of the Housing Act 2004( 1 ) hereby makes the following Order:
Citation, application and interpretation
1. —(1) This Order may be cited as the Housing Act 2004 (Commencement No. 4 and Transitional Provisions)(England) Order 2005.
(2) This Order applies to England only.
(3) In this Order—
“the Regulations” means the Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005( 2 );
“Schedule 5” means Schedule 5 to the Housing Act 1985( 3 ).
Commencement
2. Subject to article 3 the following provisions of the Housing Act 2004 shall come into force on 4th July 2005—
(a) sections 181, 230, and 231; and
(b) section 229 and Schedule 13 insofar as they are not already in force( 4 ).
Transitional provisions
3. —(1) Where an application made to the Secretary of State under paragraph 11(4) of Schedule 5 on or after 6 th June 2005 but before 4 th July 2005 is determined by a residential property tribunal( 5 ), the Regulations shall apply to the proceedings of the residential property tribunal to determine that application.
(2) Where an application for the purpose mentioned in paragraph 11(4) of Schedule 5 is made, on or after 4th July 2005 but before 29th August 2005, to the Secretary of State instead of to a residential property tribunal it shall be deemed to have been made to such a tribunal.
Signed by the authority of the First Secretary of State
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
29th June 2005
2004 c. 34 . The powers conferred by section 270(4), (5) and (9) are exercisable by the National Assembly for Wales where a provision is to come into force in relation only to Wales.
Section 229 so far as it confers a power to make orders and Schedule 13 so far as it confers a power to make regulations are already in force by virtue of section 270(2)(b) of the Housing Act 2004.
See section 181(4) to (6) of the Housing Act 2004.