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The Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998

S.I. 1998/1768 · Made 21 July 1998

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HOUSING, ENGLAND AND WALES

Made 21st July 1998

The Secretary of State, in exercise of the powers conferred upon him by section 232(3) and (4) of the Housing Act 1996f1 and all other powers enabling him in that behalf, hereby makes the following Order—

Annotations to the whole text

Footnotes

f1

1996 c. 52.

Contents

  1. 1Citation
  2. 2Commencement
  3. 3Transitional Provision
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998.

2Commencement

Subject to article 3, section 83 of the Housing Act 1996, to the extent that it does not, because of paragraph 1 of the Schedule to the Housing Act 1996 (Commencement No. 11 and Savings) Order 1997f1, already have effect, shall have effect from 11th August 1998 and come into force on that date.

3Transitional Provision

No application may be made to a leasehold valuation tribunal under section 19(2A) or (2B) of, or paragraph 8 of the Schedule to, the Landlord and Tenant Act 1985f1 in respect of a matter in respect of which, before 1st September 1997,—

(a)

court proceedings have been begun, or

(b)

a reference to arbitration has been made,

but without prejudice to the operation of section 31C of that Actf2 (transfer of cases from county court) in relation to any question falling for determination in those court proceedings.

Signature

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

21st July 1998

Explanatory note

(This note is not part of the Order)

This Order brings section 83 of the Housing Act 1996 (determination of reasonableness of service charge and right to challenge landlord’s choice of insurers) into force on 11th August 1998 to the extent that it does not already have effect (and subject to the transitional provision in article 3). Section 83 was brought into force by S.I. 1997/1851 (c. 75), subject to the savings in paragraph 1 of the Schedule to that instrument (cases where court proceedings or arbitration under way). The effect of this Order is to enable a court to refer matters which were the subject of court proceedings as at 1st September 1997 to a leasehold valuation tribunal.