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Statutory Instruments

2009 No. 2096 (C. 93)

HOUSING, ENGLAND AND WALES

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( 1 ), makes the following Order:

Citation and interpretation

1. โ€”(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 Orderโ€”

Commencement of certain provisions of the Act

2. โ€”(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)โ€”

(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. โ€”(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( 2 ) within the meaning of Part 1 of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)โ€”

(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)( 3 ) shall continue to have effect as regards a tenancy grantedโ€”

(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( 4 ),

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 โ€œapproved lending institutionsโ€ in sections 36(4), 151B(5) and 156(4) of the Housing Act 1985( 5 ) where the advance concerned was made before the commencement date.

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

( 1 )

2008 c.17 .

( 2 )

For the meaning of โ€œlong tenancyโ€ see section 3 of the 1967 Act.

( 3 )

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) .

( 4 )

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

( 5 )

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 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Housing and Regeneration Act 2008 (Commencement No.6 and Transitional and Savings Provisions) Order 2009 (2009/2096)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
approved lending institutionsart. 3.approved_l_rtxv5hLalert
the 2008 Actart. 1.the_2008_A_rtEoycE
the commencement dateart. 1.the_commen_rtyDe7E
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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