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Statutory Instruments

2018 No. 805 (C. 62)

Housing, England

The Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018

Made

2nd July 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 212 and 216(3) and (4) of the Housing and Planning Act 2016( 1 ).

Citation

1. These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018.

Interpretation

2. In these Regulations—

the Act” means the Housing and Planning Act 2016 ;

the 2008 Act” means the Housing and Regeneration Act 2008 ( 2 );

pre-commencement housing moratorium” means a moratorium under section 145 of the 2008 Act that begins before 5th July 2018.

Provisions coming into force on 5th July 2018

3. The following provisions of the Act come into force on 5th July 2018—

(a) sections 95 to 101, 102(1) and 103 to 117 (insolvency of registered providers of social housing);

(b) Schedule 5 (conduct of housing administration: companies);

(c) Schedule 6 (amendments to housing moratorium and consequential amendments).

Transitional and saving provisions: pre–commencement housing moratorium

4. —(1) Despite the coming into force of paragraphs 3, 4 and 9 of Schedule 6 to the Act in accordance with regulation 3(c), sections 145, 146 and 275 of the 2008 Act continue to have effect without amendment in relation to a pre-commencement housing moratorium in respect of a private registered provider.

(2) A pre-commencement housing moratorium ends in accordance with section 146(2) of the 2008 Act as saved by paragraph (1), or when a housing administration order is made under Chapter 5 of Part 4 of the Act in relation to the private registered provider, whichever is the sooner.

Transitional provision: further moratorium

5. In relation to a pre-commencement housing moratorium, section 147 of the 2008 Act has effect in relation to the private registered provider as if for “further notice” in subsections (1)(b) and (2) were substituted “notice”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

2nd July 2018

( 1 )

2016 c.22 .

( 2 )

2008 c.17 .

Status: This is the original version (as it was originally made).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 Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018 (2018/805)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
pre-commencement housing moratorium reg. 2. def_4929f75738
the 2008 Act reg. 2. def_d6d484af6a
the Act reg. 2. def_da498c9004

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