OpenLegislation

The Housing Act 1996 (Consequential Amendments) Order 1997

S.I. 1997/74 · Made 16 January 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

Made 16th January 1997

Laid before Parliament 22nd January 1997

Coming into force 12th February 1997

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 141, 142 and 231(5) of the Housing Act 1996f1 and of all other powers enabling them in that behalf, hereby make the following Order—

Annotations to the whole text

Footnotes

f1

1996 c. 52.

Contents

  1. 1Citation and commencement
  2. 2Amendments
  3. Signature
  4. Schedule: AMENDMENTS
  5. 1Land Compensation Act 1973
  6. 2Matrimonial Homes Act 1983
  7. 3Housing Act 1985
  8. 4Local Government Act 1988
  9. 5Landlord and Tenant Act 1988
  10. 6Housing Act 1988
  11. 7Coal Mining Subsidence Act 1991
  12. 8Local Government Finance Act 1992
  13. 9Leasehold Reform, Housing and Urban Development Act 1993
  14. 10Family Law Act 1996
  15. 11The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993
  16. 12The Council Tax (Liability for Owners) Regulations 1992
  17. 13The Council Tax (Exempt Dwellings) Order 1992
  18. Explanatory note

1Citation and commencement

This Order may be cited as the Housing Act 1996 (Consequential Amendments) Order 1997 and shall come into force on 12th February 1997.

2Amendments

The enactments specified in the Schedule to this Order are amended as specified in that Schedule.

Signature

David Curry

Minister of State,

Department of the Environment

14th January 1997

Wiliam Hague

Secretary of State for Wales

16th January 1997

1Land Compensation Act 1973

In section 29(4)(e) of the Land Compensation Act 1973 (right to home loss payment)f1 omit “or” at the end of sub-paragraph (ii) and insert at the end of sub-paragraph (iii)—

“, or

(iv)

Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies) applies to the licence.”

2Matrimonial Homes Act 1983

In the Matrimonial Homes Act 1983f1—

(a)

in section 1(6)f2 (rights concerning matrimonial home where one spouse has no estate etc.) after “secure tenancies)” insert “and Chapter I of Part V of the Housing Act 1996 (introductory tenancies)”, and

(b)

in Schedule 1 (transfers of certain tenancies on divorce etc.)—

(i)

at the end of paragraph 1(1)(d)f3 insert—

“, or

(e)

an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996,”;

(ii)

in paragraph 1(2) “assured agricultural occupancy” insert “or an introductory tenancy”;

(iii)

in paragraph 2(1)f4 after “Housing Act 1988” insert “or an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996”; and

(iv)

after paragraph 2(3), insert—

“(3A)

Where the spouse so entitled is a successor within the meaning of section 132 of the Housing Act 1996, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed also to be a successor within the meaning of that section.”

3Housing Act 1985

(a)

The Housing Act 1985f1 is amended in accordance with the following provisions of this paragraph.

(b)

In section 25(1) (increase of rent where tenancy not secure) after “secure tenancy” insert “or an introductory tenancy”.

(c)

In section 27AB(7)(b)f2 (management agreements with tenant management organisations) omit “and” at the end of sub-paragraph (ii) and at the end of sub-paragraph (iii) insert—

“, and

(iv)

in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).”

(d)

In section 32(3) (power to dispose of land held for the purposes of Part II of the 1985 Act)—

(i)

after “secure tenancy” where it first occurs insert “or an introductory tenancy”; and

(ii)

after “long leases” insert “and introductory tenancies”.

(e)

In section 43(1)(a) (consents required for certain disposals not within section 32 of the 1985 Act) after “secure tenancy” insert “or an introductory tenancy”.

(f)

In section 56 (minor definitions) after the definitions of “housing accommodation” and “house” insert ““introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;”.

(g)

In section 57 (index of defined expressions: Part II) after the entry relating to “insurance company” insert

“

introductory tenancysection 56

”.

(h)

In section 106A (consultation before disposal to private sector landlord)—

(i)

in subsection (1)(a), after “secure tenancies” insert “or introductory tenancies”;

(ii)

at the end of subsection (1), insert “or introductory tenants”; and

(iii)

at the end of subsection (2), insert “in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.”.

(i)

After section 111 (county court rules and directions) insert—

“Introductory tenancies

111A

Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.”

(j)

In section 127(4) (value of dwelling-house)—

(i)

in paragraph (b) after “secure tenant” insert “or an introductory tenant”;

(ii)

for paragraph (c) substitute—

“(c)

any member of his family who, immediately before the secure tenancy was granted (or, where an introductory tenancy has become the secure tenancy, immediately before the introductory tenancy was granted), was a secure tenant or, an introductory tenant of the same dwelling-house under another tenancy,”; and

(iii)

in the words following paragraph (c) after “a secure tenant” insert “or an introductory tenant”.

(k)

After section 127(4) insert—

“(5)

In this section “introductory tenant” and “introductory tenancy” have the same meaning as in Chapter I of Part V of the Housing Act 1996.”.

(l)

In Schedule 3A (consultation before disposal to private sector landlord)—

(i)

in paragraphs 1(1) and (2) after “secure tenant” insert “or an introductory tenant”; and

(ii)

in paragraph (3)(2)(c) after “and” insert “, in the case of a secure tenant,”.

4Local Government Act 1988

In paragraph 9(3) of Schedule 1 to the Local Government Act 1988 (competition: housing management)f1—

(a)

after the definition of “the 1987 Act” insert—

  • ““introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996;”

(b)

in the definition of “tenancy”, after secure tenancy insert “and an introductory tenancy”; and

(c)

in the definition of “vacant property” after “secure tenancy” insert “or an introductory tenancy”.

5Landlord and Tenant Act 1988

In section 5(3) of the Landlord and Tenant Act 1988f1 (interpretation and application), at the end, insert “or to an introductory tenancy (within the meaning of Chapter I of Part V of the Housing Act 1996)”.

6Housing Act 1988

In Part III of the Housing Act 1988f1 (housing action trust areas)—

(a)

in section 61(2) (consultation and publicity) after “secure tenants” insert “or introductory tenants”;

(b)

in section 75(3) (supplementary provisions as to transfer orders) after “secure tenant” insert “or introductory tenant”;

(c)

in section 79(2)f2 (disposal of land by housing action trust) after “secure tenancy” insert “or an introductory tenancy”;

(d)

after section 79(5) insert—

“(5A)

Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies.”;

(e)

in section 81(1) (consent required for certain subsequent disposals) after “secure tenancy” insert “or an introductory tenancy”;

(f)

in section 82(1)(a) and (b) (power of Corporation to provide legal assistance to tenants after disposal) after “secure tenant” insert “or the introductory tenant”;

(g)

in section 84 (provisions applicable to disposals of dwelling-houses subject to secure tenancies)f3—

(i)

in subsection (1)(a)—

1.

after “secure tenancies” insert “or introductory tenancies”; and

2.

after “secure tenant” insert “or an introductory tenant”;

(ii)

in subsection (4), after “secure tenant” where it first occurs insert “or, as the case may be, introductory tenant,”;

(iii)

in subsection (4)(c), after “secure tenant” insert “or an introductory tenant”; and

(iv)

for subsection (8) substitute—

“(8)

Notwithstanding the application to a housing action trust of Part IV of the Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).”

(h)

in section 84A(6)f4 (transfer by order of certain dwelling houses let on secure tenancies) after “secure tenancy” insert “or an introductory tenancy”;

(i)

in section 84A(7) after “secure tenancies” insert “or introductory tenancies”;

(j)

in section 86(1) (increase of rent where tenancy not secure) after “secure tenancy” insert “or an introductory tenancy”; and

(k)

in section 92(1) (interpretation of Part III) after paragraph (c) insert—

“(ca)

“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996 and “introductory tenant” shall be construed accordingly;”.

7Coal Mining Subsidence Act 1991

In paragraph 1 (4)(d) of Schedule 4 to the Coal Mining Subsidence Act 1991f1 (home loss payments) after “(secure tenancies)” insert “or Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies)”.

8Local Government Finance Act 1992

In section 6 of the Local Government Finance Act 1992f1 (persons liable to pay council tax)—

(a)

in subsection (2)(c) for “or secure tenant” substitute “, secure or introductory tenant”; and

(b)

in subsection (6) insert before the definition of “material interest”—

  • ““introductory tenant” means a tenant under an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;”.

9Leasehold Reform, Housing and Urban Development Act 1993

In the Leasehold Reform, Housing and Urban Development Act 1993f1—

(a)

in section 2 (acquisition of leasehold interests)—

(i)

in subsection (5), after “secure tenancy” insert “or an introductory tenancy”;

(ii)

in subsection (6)(a), after “secure tenancy” insert “or, as the case may be, the introductory tenancy”; and

(iii)

in subsection (6)(b) after “secure tenancy” (where those words first occur) insert “or, as the case may be, the introductory tenancy” and after “secure tenancy” (where those words occur for the second time) insert “or the introductory tenancy”;

(b)

in section 38(1) (interpretation), after the definition of “the initial notice” insert—

  • ““introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996,”;

(c)

in section 135(7) (programmes for disposal)—

(i)

in paragraph (b), after “secure tenants” insert “and introductory tenants”; and

(ii)

at the end insert “and “introductory tenant” has the same meaning as in Chapter I of Part V of the Housing Act 1996”;

(d)

in Schedule 9 (grant of leases back to former freeholder)—

(i)

in paragraph 2(1) after “a secure tenancy” insert “or an introductory tenancy” and after “the secure tenancy” insert “or the introductory tenancy”;

(ii)

in paragraph 2(2) after “secure tenancy” insert “or the introductory tenancy”; and

(iii)

in paragraph 4(3) after “secure tenancy” insert “or introductory tenancy”; and

(e)

in Schedule 10 (acquisition of interests from local authorities etc.)—

(i)

in paragraph 2(2), after “secure tenancy”, where it first occurs, insert “or an introductory tenancy” and, where it occurs for the second time, insert “or, as the case may be, the introductory tenancy”;

(ii)

in paragraph (2)(3)(a) after “secure tenancy” insert “or an introductory tenancy”;

(iii)

in paragraph 2(4) after “secure tenancy” in the first place where it occurs insert “or an introductory tenancy” and in the other two places where it occurs insert “or introductory tenancy”;

(iv)

in paragraph 2(6)(a) after “secure tenancy” in both places where it occurs insert “or an introductory tenancy”; and

(v)

in paragraph 2(7) at the end of the definition of “successor” insert “in relation to a secure tenancy and as in section 132 of the Housing Act 1996 in relation to an introductory tenancy.”.

10Family Law Act 1996

In the Family Law Act 1996f1—

(a)

in section 30(4)(b) (right to occupy matrimonial home) for “and Part I of the Housing Act 1988” substitute “, Part I of the Housing Act 1988 and Chapter I of Part V of the Housing Act 1996”; and

(b)

in Schedule 7 (transfer of certain tenancies on divorce etc. or on separation of cohabitants)—

(i)

in paragraph 1, in the definition of “a relevant tenancy”, at the end of sub-paragraph (c) omit “or” and at the end of sub-paragraph (d) insert—

“or

(e)

an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;”

(ii)

in paragraph 7(1) for “or an assured tenancy” substitute “, an assured tenancy” and after “the Housing Act 1988” insert “or an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996”; and

(iii)

after paragraph 7(3) insert—

“(3A)

If the Spouse or cohabitant so entitled is a successor within the meaning of section 132 of the Housing Act 1996, his former spouse or former cohabitant (or, if a separation order is in force, his spouse) shall be deemed also to be a successor within the meaning of that section.”.

11The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993

In paragraph 19 of Schedule 1 to the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993f1 after “secure tenant,” insert “introductory tenant,”.

12The Council Tax (Liability for Owners) Regulations 1992

In regulation 1(2) of the Council Tax (Liability for Owners) Regulations 1992f1—

(a)

after the definition of “the Act” insert—

  • ““Introductory tenant” means a tenant under an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;”; and

(b)

for the definition of “tenant” substitute ““tenant” includes a secure tenant, an introductory tenant and a statutory tenant.”.

13The Council Tax (Exempt Dwellings) Order 1992

In article 2(1) of the Council Tax (Exempt Dwellings) Order 1992f1—

(a)

after the definition of “caravan” insert ““introductory tenant” means a tenant within the meaning of Chapter I of Part V of the Housing Act 1996;”; and

(b)

in the definition of “tenant”, in sub-paragraph (ii) after “secure” insert “, introductory”.

Explanatory note

(This note is not part of the Order)

This Order amends the legislation specified in the Schedule to the Order in consequence of the provisions on introductory tenancies in Chapter I of Part V of the Housing Act 1996. Most of the amendments are to housing legislation and add references to introductory tenancies where there are already references to secure tenancies.