Statutory Instruments
2016 No. 518
Housing, England
The Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2016
Made
4th May 2016
Laid before Parliament
11th May 2016
Coming into force
1st June 2016
The Secretary of State, in exercise of the powers conferred by sections 87 and 100 of the Leasehold Reform, Housing and Urban Development Act 1993( 1 ), and being satisfied that appropriate arrangements have been made for publishing the code approved by this Order, makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as the Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2016 and shall come into force on 1st June 2016.
(2) This Order applies in relation to the management of residential properties in England only.
Approval of code of practice
2. With the exception of the section headed ‘RICS guidance notes’, “Service Charge Residential Management Code” (ISBN 978-1-78321-141-8), which is to be published by the Royal Institution of Chartered Surveyors( 2 ), is approved.
Withdrawal of approval
3. The Secretary of State withdraws approval of “Service Charge Residential Management Code” (ISBN 978-1-84219-168-2)( 3 ).
Saving and transitional provision
4. Articles 2 and 3 do not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission alleged to have occurred before this Order comes into force.
Signed by authority of the Secretary of State
Brandon Lewis
Minister of State
Department for Communities and Local Government
4th May 2016
1993 c. 28 ; section 87 was amended by section 150 of, and paragraph 11 of Schedule 9 to, the Commonhold and Leasehold Reform Act 2002 (c. 15) . The functions of the Secretary of State under section 87 and 100 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 and section 177 of the Commonhold and Leasehold Reform Act 2002. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32) .
The Royal Institution of Chartered Surveyors, Parliament Square, London, SW1P 3AD.
“Service Charge Residential Management Code” (ISBN 978-1-84219-168-2) by the Royal Institution of Chartered Surveyors was approved by S.I. 2009/512 .