Abolition of the Right to Buy and Associated Rights (Wales) Act 2018

1 Overview E+W

(1) This section gives an overview of the main provisions of this Act.

(2) Section 2 restricts the exercise of the right to buy pending its abolition (for which see section 6); and section 3 provides for exceptions to that restriction.

(3) Section 4 restricts the exercise of the right to acquire pending its abolition (for which see section 6); and section 5 provides for an exception to that restriction.

(4) Section 6 provides for the right to buy and the right to acquire to cease to exist in Wales.

(5) Section 7 removes the Welsh Ministers' power to make grants to registered social landlords, and private registered providers of social housing, in respect of discounts given to tenants who purchase their dwellings.

(6) Section 8—

(a) requires the Welsh Ministers to provide landlords and other interested persons with information about changes to the law made by this Act, and

(b) requires landlords to inform their tenants about those changes.

(7) Sections 9, 10, 11 and 12 contain general provisions about the Act; the effect of section 11 is that—

(a) section 8 (provision of information) comes into force on Royal Assent,

(b) sections 2 to 5 (restricting the exercise of rights) come into force two months after Royal Assent, and

(c) sections 6 and 7 (abolition of rights etc.) may be brought into force by an order made by statutory instrument no earlier than twelve months after Royal Assent.

Restriction on exercising the right to buy and the right to acquire E+W

F1 2 Restriction on exercising the right to buy E+W

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Textual Amendments

F1 S. 2 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 6(2)(a), 11(3)(4); S.I. 2018/100, art. 2(a) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

F2 3 Exceptions to the restriction on exercising the right to buy E+W

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Textual Amendments

F2 S. 3 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 6(2)(a), 11(3)(4); S.I. 2018/100, art. 2(a) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

F3 4 Restriction on exercising the right to acquire E+W

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Textual Amendments

F3 S. 4 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 6(2)(b), 11(3)(4); S.I. 2018/100, art. 2(a) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

F4 5 Exception to the restriction on exercising the right to acquire E+W

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Textual Amendments

F4 S. 5 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 6(2)(b), 11(3)(4); S.I. 2018/100, art. 2(a) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

Abolition of the right to buy and the right to acquire E+W

6 Abolition of the right to buy and the right to acquire E+W

(1) The following rights no longer exist in relation to dwellings in Wales—

(a) the right to acquire the freehold of a dwelling-house, or to be granted a lease of a dwelling-house, pursuant to Part 5 of the Housing Act 1985 (c. 68) (the right to buy);

(b) the right to acquire a dwelling pursuant to section 16 of the Housing Act 1996 (c. 52) (the right to acquire).

(2) Accordingly, the following enactments are repealed—

(a) sections 2 and 3 of this Act (restriction on exercising the right to buy etc.), and sections 121ZA, 121ZB and 171B(7) of the Housing Act 1985 (inserted by sections 2 and 3 of this Act);

(b) sections 4 and 5 of this Act (restriction on exercising the right to acquire etc.), and sections 16B, 16C and 21(2A) of the Housing Act 1996 (inserted by sections 4 and 5 of this Act);

(c) section 8 of this Act.

(3) Schedule 1 (which makes consequential amendments and repeals) has effect.

Commencement Information

I1 S. 6 in force at 26.1.2019 by S.I. 2018/100, art. 2(a) (with art. 3)

Discount grants E+W

7 Removal of power to make grants in respect of discounts E+W

(1) The Housing Act 1996 (c. 52) is amended as follows.

(2) Section 21 (purchase grant by Welsh Ministers in respect of discounts on disposals of dwellings otherwise than in pursuance of the right to acquire) is repealed.

Commencement Information

I2 S. 7 in force at 26.1.2019 by S.I. 2018/100, art. 2(a) (with art. 4)

Duty to provide tenants and prospective tenants with information E+W

F5 8 Information for tenants and prospective tenants E+W

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Textual Amendments

F5 S. 8 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 6(2)(c), 11(3)(4); S.I. 2018/100, art. 2(a) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

General E+W

9 Power by regulations to make consequential amendments etc. E+W

The Welsh Ministers may, by regulations, make any supplemental, incidental, consequential, transitory, transitional or saving provision they consider necessary or expedient in consequence of, or for the purpose of giving full effect to, any provision of this Act or any provision made under this Act (whether as a consequence of any provision made in or under the Renting Homes (Wales) Act 2016 (anaw 1) or otherwise).

10 Further provision about regulations under section 9 E+W

(1) The power in section 9 to make regulations is exercisable by statutory instrument.

(2) Regulations under section 9 may amend, repeal, revoke or modify any enactment (including a provision of this Act).

(3) If this subsection applies, regulations under section 9 may not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of the National Assembly for Wales.

(4) Subsection (3) applies where regulations under section 9 amend, modify or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales, whether or not the statutory instrument contains any other regulations.

(5) Where subsection (3) does not apply, regulations under section 9 are subject to annulment in pursuance of a resolution of the National Assembly for Wales.

11 Coming into force E+W

(1) This section and sections 1, 8, 9, 10 and 12 come into force on the day on which this Act receives Royal Assent.

(2) Sections 2 to 5 come into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent.

(3) Sections 6 and 7 come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(4) But the Welsh Ministers may not appoint a day for any of sections 6 or 7 to come into force which is before the end of the period of 12 months beginning with the day on which this Act receives Royal Assent.

(5) An order under this section may make transitory, transitional or saving provision in connection with the coming into force of any provisions of this Act.

12 Short title E+W

The short title of this Act is the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018.