Explanatory note

This Order commences certain provisions of Parts 2 and 3 of the Housing and Regeneration Act 2008 (“the 2008 Act”). Article 2(1) and (2) has effect in England only and article 2(3) has effect in England and Wales.

Article 2(1) commences the remainder of section 114 which gives the Secretary of State powers to make an order in relation to the registration of local authorities as providers of social housing

Article 2(2) commences the provisions on leasehold enfranchisement in sections 300 to 302 of the 2008 Act, so far as they are not already in force, subject to the transitional and savings provisions in article 3(1) and 3(2). Sections 300 to 302, which make amendments to the Leasehold Reform Act 1967, have effect only in respect of a tenancy granted after the commencement of these provisions, or granted after the commencement date where an agreement for that tenancy was entered into before the commencement date.

Article 2(3) commences section 316 of the 2008 Act, subject to the savings in article 3(3). Section 316 of the Act amends the definitions in section 622(1) of the Housing Act 1985 of “authorised deposit taker” and “authorised insurer”.