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The Housing Act 1996 (Consequential Amendments) (No. 2) Order 1997

S.I. 1997/627 · Made 5 March 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND AND WALES

HOUSING, SCOTLAND

Made 5th March 1997

Laid 7th March 1997

Coming into force 1st April 1997

The Secretary of State, in exercise of the powers conferred on him by sections 52, 55(2) and (3) and 231(5) of the Housing Act 1996f1 and of 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 and commencement
  2. 2Consequential amendments
  3. Signature
  4. Schedule: CONSEQUENTIAL AMENDMENTS
  5. 1Industrial and Provident Societies Act 1965
  6. 2Consumer Credit Act 1974
  7. 3Housing Act 1985
  8. 4Landlord and Tenant Act 1985
  9. 5Landlord and Tenant Act 1987
  10. 6Housing Act 1988
  11. 7Leasehold Reform, Housing and Urban Development Act 1993
  12. Explanatory note

1Citation and commencement

This Order may be cited as the Housing Act 1996 (Consequential Amendments) (No. 2) Order 1997 and shall come into force on 1st April 1997.

2Consequential amendments

The enactments specified in the Schedule have effect with the amendments specified.

Signature

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

5th March 1997

1Industrial and Provident Societies Act 1965

In section 6(1)(b) of the Industrial and Provident Societies Act 1965f1 (maximum shareholding in a society), for “58(2)” substitute “58” and after “1985” insert “or section 22 of the Housing Act 1996”.

2Consumer Credit Act 1974

In section 16(1)(ff) of the Consumer Credit Act 1974f1 (exempt agreements), after “Housing Act 1985,” insert—

“section 156(4) of that Act as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire),”.

3Housing Act 1985

(1)

The Housing Act 1985f1 is amended as follows.

(2)

At the end of section 115(1)(c) (meaning of “long tenancy”), insert “, including any tenancy granted in pursuance of that Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire)”.

(3)

At the end of section 130(2)(b) (reduction of discount where previous discount given), insert—

“or

(c)

in pursuance of any provision of, or required by, this Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire).”.

(4)

In paragraph 3 of Schedule 5 (exceptions to the right to buy—certain housing associations)f2 —

(a)

before the word “or” at the end of the entry for section 51 of the Housing Act 1988 insert—

“section 18 of the Housing Act 1996 (social housing grants),”; and

(b)

in the entry for section 22 of the Housing Act 1996 for “the Housing Act 1996” substitute “that Act”.

4Landlord and Tenant Act 1985

At the end of section 26(2)(c) of the Landlord and Tenant Act 1985f1 (exceptions to service charge controls: meaning of “long tenancy”), insert “, including any tenancy granted in pursuance of that Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire)”.

5Landlord and Tenant Act 1987

At the end of section 59(3)(c) of the Landlord and Tenant Act 1987f1 (meaning of “long lease”), add “, including a lease granted in pursuance of that Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire)”.

6Housing Act 1988

In the Housing Act 1988f1 after section 81(8)(a) (consent required for certain subsequent disposals), insert—

“(ab)

the disposal of a dwelling-house to a person having the right to acquire it under Part I of the Housing Act 1996 (see sections 16 and 17 of that Act), whether or not the disposal is in fact made under provisions having effect by virtue of section 17 of that Act;”.

7Leasehold Reform, Housing and Urban Development Act 1993

In section 7 of the Leasehold Reform, Housing and Urban Development Act 1993f1 (meaning of “long lease”), omit “or” at the end of subsection (1)(c) and at the end of subsection (1)(d) insert—

“or

(e)

a lease granted in pursuance of that Part of that Act as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire)”.

Explanatory note

(This note does not form part of the Order)

This Order amends various statutory provisions in consequence of the Housing Act 1996.

Paragraph 1 of the Schedule amends the Industrial and Provident Societies Act 1965 in consequence of the coming into force of section 22 of the 1996 Act, which concerns assistance by local authorities to registered social landlords.

Paragraphs 2 to 7 of the Schedule amend the following Acts in consequence of the introduction of the right to acquire for tenants of registered social landlords under Part I of the 1996 Act and, in the case of the amendment in paragraph 3(4), in consequence of the coming into force of section 18 of the 1996 Act and the social housing grants regime under that Part: the Consumer Credit Act 1974, the Housing Act 1985, the Landlord and Tenant Acts 1985 and 1987, the Housing Act 1988 and the Leasehold Reform, Housing and Urban Development Act 1993.