Statutory Instruments

1981 No. 296 (C. 7)

HOUSING, ENGLAND AND WALES

The Housing Act 1980 (Commencement No. 8) Order 1981

Made

26th February 1981

The Secretary of State, in exercise of the powers conferred on him by section 153(4) and section 151(1) of the Housing Act 1980 and of all other powers enabling him in that behalf, hereby makes the following order:—

1. This Order may be cited as the Housing Act 1980 (Commencement No. 8) Order 1981.

2. The provisions of the Housing Act 1980 specified in the Schedule to this Order shall come into operation on 1 April 1981.

Michael R. D. Heseltine

One of Her Majesty's Principal Secretaries of State

26th February 1981

SCHEDULE

1. Section 117.

2. Section 119.

3. Section 152(3) in so far as it relates to the repeals specified in the table below:

TABLE

REPEALS

Chapter	Short title	Extent of repeal
1972 c. 47	The Housing Finance Act 1972.	Section 8. In section 20, in subsection (5), paragraph (d) and the words “or (d)(ii)”, and in subsection (7) the words from “section 19(8)” to “Schedule 3 to this Act”. In section 24(5), the words “or their allowance scheme, as may be appropriate” and the words from “of Housing Revenue” to “housing account dwellings”. In section 26(1), in the definition of “allowance” the words from “but also” to the end, in the definition of “allowance scheme” the words from “and includes” to the end, and the definition of “housing account dwelling”. In Schedule 3, Part II. In Schedule 4, in paragraph 1(3)(a) the words from “Housing” to “account”. In Schedule 4, paragraphs 16 and 17.

Chapter

Short title

Extent of repeal

1972 c. 47

The Housing Finance Act 1972.

Section 8.

In section 20, in subsection (5), paragraph (d) and the words “or (d)(ii)”, and in subsection (7) the words from “section 19(8)” to “Schedule 3 to this Act”.

In section 24(5), the words “or their allowance scheme, as may be appropriate” and the words from “of Housing Revenue” to “housing account dwellings”.

In section 26(1), in the definition of “allowance” the words from “but also” to the end, in the definition of “allowance scheme” the words from “and includes” to the end, and the definition of “housing account dwelling”.

In Schedule 3, Part II.

In Schedule 4, in paragraph 1(3)(a) the words from “Housing” to “account”.

In Schedule 4, paragraphs 16 and 17.

EXPLANATORY NOTE

This Order brings into operation on 1st April 1981 the following provisions of the Housing Act 1980, together with associated amendments and repeals—

(1) section 117 which makes new provision for rent allowance subsidy and amends the existing provisions for rent rebate subsidy; and

(2) section 119 which makes provision to remove, save as directed by the Secretary of State, the duty of local authorities to pay rent rebates and rent allowances to tenants who are either in receipt of supplementary benefit or whose income or resources are to be aggregated with another person in receipt of that benefit. The section also empowers the Secretary of State to increase the permitted totals of rent rebates and rent allowances.

The Order also brings into operation certain miscellaneous repeals in Schedule 26 to the 1980 Act to coincide with section 118 of that Act (rent rebates and rent allowances) being brought into effect by the Rent Rebates and Rent Allowances (England and Wales) (Appointed Day) Order 1981, (S.I. 1981/297).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

The following provisions of the Act have been brought into force by Commencement Orders made before the date of this Order—

Provision	S.I. No.
Parts III and IV, sections 110, 111, 114, 116 (partially), 128, 129, 132, 136, 141 (partially), 143 to 146, 148 and 152 (partially)	1980/1406.
Sections 56, 57 and 58	1980/1466.
Sections 78, 79, 107 (partially), 118, 147 and 152 (partially)	1980/1557.
Section 115	1980/1693.
Part II (in so far as not already in operation) except section 59(3), sections 149 and 152 (partially)	1980/1706.
Sections 106, 107 (in so far as not already in operation), 109 and 152 (partially)	1980/1781.

A Commencement Order (S.I. 1981/119) has been made before the date of this Order bringing sections 142 and 152(3) (partially) into force on 31st March 1981.