Explanatory note

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.