The Housing and Regeneration Act 2008 (Commencement No. 1 and Saving Provisions) Order 2009

S.I. 2009/415 · Made 26 February 2009

Housing

Made 26th February 2009

The Secretary of State, in exercise of the powers conferred by sections 322 and 325 of the Housing and Regeneration Act 2008^f1, makes the following Order:

Annotations to the whole text

Footnotes

f1: 2008 c.17.

1Citation and interpretation
2Commencement of section 314 of, and Schedule 15 to, the Act in relation to England and Wales
3Commencement of section 314 of, and Schedule 15 to, the Act in relation to Scotland and Northern Ireland
4Commencement of consequential amendments and repeals
Signature
Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No.1 and Saving Provisions) Order 2009.

(2)

In this Order—

“the Act” means the Housing and Regeneration Act 2008; and
“the 1996 Act” means the Housing Act 1996^f1.

2Commencement of section 314 of, and Schedule 15 to, the Act in relation to England and Wales

Section 314 (ineligible persons from abroad: statutory disregards) in so far as it relates to Part 1 of Schedule 15 to the Act (England and Wales) shall come into force on 2nd March 2009 in relation to applications—

(a)

for an allocation of housing accommodation under Part VI (allocation of housing accommodation) of the 1996 Act, or

(b)

for accommodation or assistance in obtaining accommodation under Part VII (homelessness) of that Act,

made on or after that date.

3Commencement of section 314 of, and Schedule 15 to, the Act in relation to Scotland and Northern Ireland

Section 314 in so far as it relates to Part 2 of Schedule 15 to the Act (Scotland and Northern Ireland) shall come into force on 2nd March 2009 in relation to applications—

(a)

for accommodation or assistance in obtaining accommodation under Part I (provision of housing) or Part II (homeless persons) of the Housing (Scotland) Act 1987^f1, or

(b)

for housing assistance under Part II (housing the homeless) of the Housing (Northern Ireland) Order 1988^f2,

made on or after 2nd March 2009.

4Commencement of consequential amendments and repeals

The following provisions of the Act shall come into force on 2nd March 2009—

(a)

section 314 in so far as it relates to Part 3 of Schedule 15 (consequential amendments); and

(b)

section 321(1) and Schedule 16 (repeals and revocations) in so far as they relate to—

(i)

the repeal of the word “or” after paragraph (e) of section 202(1) of the 1996 Act; and

(ii)

the repeals relating to the Criminal Justice and Immigration Act 2008^f1.

Signature

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

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

26th February 2009

Explanatory note

(This note is not part of the Order)

This Order brings into force, on 2nd March 2009, section 314 of, and Schedule 15 to, the Housing and Regeneration Act 2008 (“the Act”). The provisions commenced make changes to housing legislation in the United Kingdom in response to the decision of the Court of Appeal in the case of Morris v. Westminster City Council [2005] EWCA Civ 1184, which declared that the provisions of section 185(4) of the Housing Act 1996(c.52) were incompatible with the European Convention on Human Rights.

Article 2 commences the provisions in relation to England and Wales and provides that the amended provisions will apply only to applications for an allocation of social housing or housing assistance (homelessness) made on or after 2nd March 2009.

Article 3 commences the provisions in relation to Scotland and Northern Ireland and provides that the amended provisions will apply only to applications for accommodation made on or after 2nd March 2009.

Article 4 commences the amendments and repeals made consequential on the amendments in Parts 1 and 2 of Schedule 15 to the Act.