The Approval of Codes of Management Practice (Residential Property) (No. 2) Order 1995

This Statutory Instrument has been made in consequence of a defect in S.I. 1995 No. 2782 and is being issued free of charge to all known recipients of the Statutory Instrument.

Statutory Instruments

1995 No. 3149

HOUSING, ENGLAND AND WALES

The Approval of Codes of Management Practice (Residential Property) (No. 2) Order 1995

Made

5th December 1995

Laid before Parliament

8th December 1995

Coming into force

1st January 1996

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 87 and 100 of the Leasehold Reform, Housing and Urban Development Act 1993(1) and of all other powers enabling them in that behalf, and being satisfied that appropriate arrangements have been made for publishing the code by this Order(2), hereby make the following Order—

Citation and commencement

1.  This Order may be cited as the Approval of Codes of Management Practice (Residential Property) (No. 2) Order 1995 and shall come into force on 1st January 1996.

Approval of code of practice

2.  “The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing”, which was submitted for approval on 17th August 1995 by the Association of Retirement Housing Managers, to be published by that body and to be printed by RAP Limited, 201 Spotland Road, Rochdale, Lancs., OL12 7AF (ISBN 0 – 9526691 – 0 – 2) is approved.

Transitional provision

3.  Article 2 does not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission occurring before this Order comes into force.

Revocation of order

4.  The Approval of Codes of Management Practice (Residential Property) Order 1995 is revoked(3).

James Clappison

Parliamentary Under-Secretary of State,

Department of the Environment

29th November 1995

William Hague

Secretary of State for Wales

5th December 1995

Explanatory Note

(This note is not part of the Order)

In this Order the Secretary of State approves a code of practice relating to the management of residential property by landlords and others who discharge management functions. The approval is subject to the transitional provision in article 3.

The code is “The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing”. It is to be published by the Association of Retirement Housing Managers and to be printed by RAP Ltd., 201 Spotland Road, Rochdale, Lancs., OL12 7AF (ISBN 0 – 9526691 – 0 – 2).

Failure to comply with any provision of the code of practice does not of itself render any person liable to any proceedings, but in any proceedings, this code of practice shall be admissible as evidence and any provision which appears to be relevant to any question arising in the proceedings shall be taken into account.

Article 4 revokes the Approval of Codes of Management Practice (Residential Property) Order 1995 which contained an error in the address of the printers of the code of practice.

(1)

1993 c. 28.

(2)

See section 87(2) of the Leasehold Reform, Housing and Urban Development Act 1993.

(3)

S.I. 1995/2782.