Search Legislation

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

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Abolition of the Right to Buy and Associated Rights (Wales) Act 2018, SCHEDULE 1 is up to date with all changes known to be in force on or before 15 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Prospective

(introduced by section 6(3))

SCHEDULE 1E+WCONSEQUENTIAL AMENDMENTS AND REPEALS

This schedule has no associated Explanatory Notes

Finance Act 1981 (c. 35)E+W

1(1)The Finance Act 1981 is amended as follows.E+W

(2)In section 107 (sale of houses at discount by local authorities), omit subsection (3C).

Housing Act 1988 (c. 50)E+W

2(1)The Housing Act 1988 is amended as follows.E+W

(2)In section 81 (consent required for certain subsequent disposals), in subsection (8), in paragraph (ab), omit the words from “or Part I” to the end of the paragraph.

Housing Act 1996 (c. 52)E+W

3(1)The Housing Act 1996 is amended as follows.E+W

(2)In section 10 (lettings and other disposals not requiring consent of Welsh Ministers), omit subsection (3).

(3)Section 16 (right of tenant to acquire dwelling) is repealed.

(4)Section 16A (extension of the right to acquire to dwellings funded by grants under section 27A) is repealed.

(5)Section 17 (right of tenant to acquire dwelling: supplementary provisions) is repealed.

(6)Section 20 (purchase grant where right to acquire is exercised) is repealed.

(7)In section 24 (the disposal proceeds fund), in subsection (2)—

(a)in paragraph (a)(i), omit “section 16 above or”;

(b)omit paragraph (b);

(c)in paragraph (c), omit “(b) or”.

Finance Act 2003 (c. 14)E+W

4(1)The Finance Act 2003 is amended as follows.E+W

(2)In Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.), in paragraph 1 (right to buy transactions), omit sub-paragraph (5).

Housing Act 2004 (c. 34)E+W

5(1)The Housing Act 2004 is amended as follows.E+W

(2)In section 192 (right to buy: suspension by court order), in subsection (3), for paragraph (b) substitute—

(b)section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),.

(3)In section 194 (disclosure of information as to orders etc. in respect of anti-social behaviour), in subsection (4), for paragraph (b) substitute—

(b)section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),.

(4)Section 202 (right of assured tenant to acquire dwelling not affected by collective enfranchisement) is repealed.

(5)Section 221 (extension of right to acquire) is repealed.

(6)In Schedule 11 (registered social landlords), omit paragraphs 9 and 10.

Housing and Regeneration Act 2008 (c. 17)E+W

6(1)The Housing and Regeneration Act 2008 is amended as follows.E+W

(2)In section 62 (reference to Welsh Ministers), in the table, in the first column omit the reference to section 17(1), (2)(b), (5)(b) and (6), and in the second column omit the corresponding entry.

(3)In section 63 (reference to National Assembly for Wales), in the table, in the first column omit the reference to section 17(7), and in the second column omit the corresponding entry.

(4)In section 149 (exempted disposals), in subsection (8), omit paragraph (b) (and the “or” that precedes it).

(5)In section 181 (interpretation of “publicly funded”), in subsection (6), in paragraph (b), for “under section 16(4) of that Act” substitute “ by the Welsh Ministers ”.

(6)In section 184 (right to acquire: supplemental), for subsections (1) and (2) substitute—

(1)The Secretary of State may by order—

(a)specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and

(b)designate rural areas in relation to dwellings in which the right conferred by that section does not arise.

(2)The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180—

(a)subject to any order under subsection (1) above, and

(b)subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.

(3)The regulations may provide—

(a)that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,

(b)that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,

(c)that the provisions of Part 5 of that Act relating to the right to acquire on rent to mortgage terms do not apply,

(d)that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and

(e)that the provisions of that Part relating to the preserved right to buy do not apply.

Nothing in this subsection affects the generality of the power conferred by subsection (2).

(4)The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply.

(5)Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—

(a)the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and

(b)such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate.

(6)Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations.

(7)Section 185 (right to acquire: consequential amendments) is repealed.

(8)In section 320 (orders and regulations), in subsection (7), after paragraph (a), insert—

(aa)an order or regulations of the Secretary of State under section 184,.

Housing (Wales) Measure 2011 (nawm 5)E+W

7(1)The Housing (Wales) Measure 2011 is amended as follows.E+W

(2)Part 1 is repealed.

(3)In section 89 (orders), omit subsections (2) to (4).

Prevention of Social Housing Fraud Act 2013 (c. 3)E+W

8(1)The Prevention of Social Housing Fraud Act 2013 is amended as follows.E+W

(2)In section 7 (regulations about powers to require information), in subsection (7), in paragraph (e)(ii), after “under section 16 of the Housing Act 1996”, insert “ before the repeal of that section by the Abolition of the Right to Buy and Associated Rights (Wales) Act 2017 came into force ”.

Renting Homes (Wales) Act 2016 (anaw 1)E+W

9(1)The Renting Homes (Wales) Act 2016 is amended as follows.E+W

(2)In Schedule 2, in paragraph 8 (meaning of “long tenancy”), in sub-paragraph (1)(c), for “as it has effect” substitute “ as that Part had effect ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources