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Tenant Fees Act 2019

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This is the original version (as it was originally enacted).

3Prohibited and permitted payments

This section has no associated Explanatory Notes

(1)For the purposes of this Act a payment is a prohibited payment unless it is a permitted payment by virtue of Schedule 1.

(2)The Secretary of State may by regulations made by statutory instrument amend Schedule 1 by adding, modifying or removing a reference to a permitted payment.

(3)The power in subsection (2) does not extend to removing rent from the categories of payment which are permitted payments under this Act.

(4)Regulations under this section—

(a)may make different provision for different purposes;

(b)may make supplemental, incidental, consequential, transitional, transitory or saving provision.

(5)Subject to subsection (6), a statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(6)Subsection (5) does not apply to a statutory instrument containing only regulations under this section which amend the amount for the time being set out in paragraph 6(2)(a) of Schedule 1 (maximum amount of permitted payment on variation, assignment or novation of a tenancy) for the purposes only of reflecting changes in the value of money.

(7)A statutory instrument to which subsection (6) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

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