The Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (England) Order 2003

Provisions coming into force on the second commencement date

3.—(1) Subject to paragraphs (2) to (7), section 151, to the extent that it is not already in force, shall come into force on the second commencement date.

(2) In relation to any case to which paragraph (3), (4), (5) or (7) applies, the amendment made by section 151 shall have no effect and the Service Charge (Estimates and Consultation) Order 1988(1) shall continue to apply.

(3) This paragraph applies where qualifying works are begun before the second commencement date.

(4) This paragraph applies where, in relation to qualifying works, the landlord has given or displayed the notice required under section 20 of the 1985 Act before the second commencement date.

(5) This paragraph applies where, in relation to qualifying works to which paragraph (6) applies, the landlord has given notice in the Official Journal of the European Union in accordance with the Public Works Contracts Regulations 1991(2), the Public Services Contracts Regulations 1993(3) or the Public Supply Contracts Regulations 1995(4) before the second commencement date.

(6) This paragraph applies to qualifying works which are carried out under a contract which —

(a) is to be entered into on or after the second commencement date; and

(b) is for a period of twelve months or less.

(7) This paragraph applies where, under an agreement entered into, by or on behalf of the landlord or a superior landlord, before the second commencement date, qualifying works are carried out at any time in the period starting with the second commencement date and ending two months after that date.

(1)

S.I. 1988/1285.

(2)

S.I. 1991/2680, to which there are amendments not relevant to this Order.

(3)

S.I. 1993/3228, to which there are amendments not relevant to this Order.

(4)

S.I. 1995/201 to which there are amendments not relevant to this Order.