OpenLegislation

Regulation 2 Interpretation

England and Wales

(1)

In these Regulations—

  • “the 1985 Act” means the Landlord and Tenant Act 1985;

  • “close relative”, in relation to a person, means a spouse or cohabitee, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, step-parent, step-son or step-daughter of that person;

  • F1“cohabitee”, in relation to a person, means a person who is living with that person as if they were a married couple or civil partners;

    1. (a)

      a person of the opposite sex who is living with that person as husband or wife; or

    2. (b)

      a person of the same sex living with that person in a relationship which has the characteristics of the relationship between husband and wife;

  • “nominated person” means a person whose name is proposed in response to an invitation made as mentioned in paragraph 1(3) of Schedule 1 or paragraph 1(3) of Part 2 of Schedule 4; and “nomination” means any such proposal;

  • F2“public notice” means notice F3published F4pursuant to the Procurement Act 2023;

  • “relevant period”, in relation to a notice, means the period of 30 days beginning with the date of the notice;

  • “RTB tenancy” means the tenancy of an RTB tenant;

  • “RTB tenant”, in relation to a landlord, means a person who has become a tenant of the landlord by virtue of section 138 of the Housing Act 1985 (duty of landlord to convey freehold or grant lease), section 171A of that Act (cases in which right to buy is preserved), F5section 180 of the Housing and Regeneration Act 2008 or section 16 of the Housing Act 1996 (right of tenant to acquire dwelling) M1 under a lease whose terms include a requirement that the tenant shall bear a reasonable part of such costs incurred by the landlord as are mentioned in paragraphs 16A to 16D of Schedule 6 to that Act (service charges and other contributions payable by the tenant) M2;

  • “section 20” means section 20 (limitation of service charges: consultation requirements) of the 1985 Act;

  • “section 20ZA” means section 20ZA (consultation requirements: supplementary) of that Act;

  • “the relevant matters”, in relation to a proposed agreement, means the goods or services to be provided or the works to be carried out (as the case may be) under the agreement.

(2)

For the purposes of any estimate required by any provision of these Regulations to be made by the landlord —

(a)

value added tax shall be included where applicable; and

(b)

where the estimate relates to a proposed agreement, it shall be assumed that the agreement will terminate only by effluxion of time.

Annotations

Textual amendments

F1

Words in reg. 2(1) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 67

F2

Words in reg. 2(1) substituted (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 3 (with reg. 49)

F3

Words in reg. 2(1) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 14(2) (with Sch. para. 3, 4)

F4

Words in reg. 2 substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 11(2)

F5

Words in reg. 2(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 (S.I. 2010/671), art. 1(2), Sch. 1 para. 34 (with Sch. 2); S.I. 2010/862, art. 2

Marginal citations

M1

Section 138 of the Housing Act 1985 (c. 68) is applied in relation to section 171A by section 171C. Sections 171A and 171C were inserted by the Housing and Planning Act 1996 (c. 52), section 8. See also the Housing (Extension of Right to Buy) Order 1993 (S.I. 1993/2240) and the Housing (Preservation of Right to Buy) Regulations 1993 (S.I. 1993/2241). Section 138 is applied in relation to section 16 of the Housing Act 1996 (c. 52) by section 17 of that Act. See also the Housing (Right to Acquire) Regulations 1997 (S.I. 1997/619).

M2

See also section 139 and Parts 1 and 3 of Schedule 6 to the Housing Act 1985. Paragraphs 16A to 16D in Part 3 of Schedule 6 were inserted by the Housing and Planning Act 1986 (c. 63), section 4(4).