OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

Section 87(7) of the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”) provides that failure to comply with any provisions of an approved code of practice does not of itself render any person liable to any proceedings, but in any proceedings, the code of practice shall be admissible as evidence and any provision which appears to be relevant to any question arising in the proceedings shall be taken into account.

By this Order the First Secretary of State approves, subject to the exception mentioned below, a code of practice relating to the management of private retirement housing by landlords and others who discharge the management function. The approved code is The Code of Practice for Private Retirement Housing (ISBN 0-9526691-2-9) and is to be published by Chain and Pyle, Unit 3, King James Court, King James Street, London, SE1 0DH. Appendices 4 to 6 of the Code have not been approved as they are not relevant for the purposes of section 87 of the 1993 Act.

By this Order the First Secretary of State also withdraws approval for The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing (ISBN 0-9526691-0-2) which was given by the Approval of Codes of Management Practice (Residential Property) (No 2) Order 1995 and for modifications to The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing (ISBN 0-9526691-1-0) which was given by the Approval of Codes of Management Practice (Residential Property) Order 1998. Those Orders are also revoked.

The Code that was approved in 1995 and modified in 1998 continues to have effect for the purposes of proceedings relating to acts or omissions that are alleged to have occurred before this Order comes into force.

A Regulatory Impact Assessment has been prepared in connection with this Order. A copy may be obtained from the Office of the Deputy Prime Minister, Leasehold Reform Branch, Zone 2/H10, Eland House, Bressenden Place, London, SW1E 5DU (Tel 020 7944 3463).