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The Housing Act 1996 (Commencement No. 7 and Savings) Order 1997
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Statutory Instruments
1997 No. 225 (C. 12)
HOUSING, ENGLAND AND WALES
The Housing Act 1996 (Commencement No. 7 and Savings) Order 1997
Made
28th January 1997
The Secretary of State, in exercise of the powers conferred on him by section 232(3) and (4) of the Housing Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Housing Act 1996 (Commencement No. 7 and Savings) Order 1997.
(2) In this Order “the commencement date” means 28th February 1997.
Commencement and Savings
2. The following provisions of the Housing Act 1996 shall come into force on the commencement date, subject to the savings in the Schedule to this Order—
section 96 to the extent that it is not already in force,
sections 97 to 104,
sections 148 to 151, and
section 227 in so far as it relates to the repeals in Part IV of Schedule 19.
Article 2
SCHEDULESAVINGS
1. The insertion of section 8A in the Housing Act 1988 and the amendment to section 8 of and Schedule 2 to that Act(2) (repossession: assured tenancies) shall have no effect in a case where—
(a)a notice under section 8 of that Act (notice of proceedings for possession) has been served before the commencement date; or
(b)the court has dispensed with the requirement of such a notice and the proceedings for possession were started before the commencement date.
2. The amendments to section 21(1) and (4) of the Housing Act 1988(3) (recovery of possession on expiry or termination of assured shorthold tenancy) shall have no effect in a case where a landlord has served a notice under section 8 of that Act (notice of proceedings for possession) before the commencement date.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
28th January 1997
Explanatory Note
(This note is not part of the Order)
Article 2 of this Order brings into force, on 28th February 1997, the following provisions of the Housing Act 1996 (subject to the savings in the Schedule to the Order)—
section 96, to the extent that it is not already in force;
sections 97 to 104 (assured tenancies);
sections 148 to 151 (repossession: assured tenancies); and
section 227, in so far as it relates to the repeals in Part IV of Schedule 19 (assured tenancies).
The amendments to sections 8 and 21(1) and (4) of and Schedule 2 to the Housing Act 1988 made by the provisions commenced in the Order are subject to the savings in the Schedule to the Order.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Housing Act 1996 have been brought into force by commencement orders made before the date of this Order.
| Provision | Date of commencement | S.I. No. |
|---|---|---|
| s. 1 | 1st October 1996 | 1996/2402 |
| s. 2(7) and (8) | 1st August 1996 | 1996/2048 |
| s. 2 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 3(2) (partially) | 1st August 1996 | 1996/2048 |
| s. 3 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 4 | ||
| s. 5 | 1st August 1996 | 1996/2048 |
| s. 6 | 1st October 1996 | 1996/2402 |
| s. 7 (partially) | 1st August 1996 | 1996/2048 |
| s. 7 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| s. 8 | ||
| s. 9(3) | 1st August 1996 | 1996/2048 |
| s. 9 (in so far as not already in force) | 1st October 1996 | 1996/2402 |
| ss. 10 to 15 | ||
| s. 17 | 1st August 1996 | 1996/2048 |
| s. 18(2) and (7) (partially) | 1st October 1996 | 1996/2402 |
| s. 20(3) (partially | ||
| s. 21(3) (partially) | ||
| ss. 22 and 23 | ||
| s. 24 (partially) | 1st August 1996 | 1996/2048 |
| s. 25 (partially) | 1st October 1996 | 1996/2402 |
| s. 27 (partially) | ||
| s. 28(3) (partially) | ||
| s. 28(4) | 1st August 1996 | 1996/2048 |
| s. 29 (partially) | ||
| ss. 30 to 34 | 1st October 1996 | 1996/2402 |
| s. 36(1) to (6) | 1st August 1996 | 1996/2048 |
| s. 36(7) | 1st October 1996 | 1996/2402 |
| ss. 37 to 50 | ||
| s. 51 (partially) | 1st August 1996 | 1996/2048 |
| ss. 52 to 54 | ||
| s. 55(1) (partially) | ||
| s. 55(1) (partially) | 1st October 1996 | 1996/2402 |
| s. 55(2) and (3) | 1st August 1996 | 1996/2048 |
| ss. 56 to 64 | ||
| ss. 65 and 66 (partially) | 1st October 1996 | 1996/2402 |
| s. 72 (partially) | ||
| s. 75 (partially) | ||
| ss. 76 and 77 | ||
| s. 80(3) | ||
| s. 83(3) (partially) | 23rd August 1996 | 1996/2212 |
| s. 84 | 1st October 1996 | |
| s. 86(4) and (5) (partially) | 23rd August 1996 | |
| s. 88 to 91 | 1st October 1996 | |
| s. 92 (partially) | 23rd August 1996 | |
| s. 92 (in so far as not already in force) | 1st October 1996 | |
| s. 93 | ||
| s. 96 (partially) | 23rd August 1996 | |
| s. 105 | 1st October 1996 | |
| s. 106 (partially) | 23rd August 1996 | |
| ss. 107 to 109 | 1st October 1996 | |
| ss. 111 to 117 | ||
| s. 119 (partially) | 23rd August 1996 | |
| ss. 124 to 128 | 12th February 1997 | 1997/66 |
| s. 129(1), (2), (5) and (6) | 12th February 1997 | 1997/66 |
| s. 129(3) and (4) | 1st October 1996 | 1996/2402 |
| ss. 130 to 134 | 12th February 1997 | 1997/66 |
| s. 135 | 1st October 1996 | 1996/2402 |
| ss. 136 and 137 | 12th February 1997 | 1997/66 |
| s. 138(1) to (3) | 12th February 1997 | 1997/66 |
| s. 138(4) to (6) | 1st October 1996 | 1996/2402 |
| s. 139 | ||
| s. 140 | ||
| s. 141(1) | 12th February 1997 | 1997/66 |
| s. 141(2) and (3) | 1st October 1996 | 1996/2402 |
| s. 142 | ||
| s. 143 | ||
| ss. 144 to 146 | 12th February 1997 | 1997/66 |
| s. 147 (partially) | 1st October 1996 | 1996/2402 |
| s. 147 | 12th February 1997 | 1997/66 |
| s. 159 | 1st April 1997 | 1996/2959 |
| s. 160(1) to (3) | ||
| s. 160(4) and (5) | 1st October 1996 | 1996/2402 |
| s. 161(2) and (3) (partially) | ||
| s. 161 (to the extent it is not already in force) | 1st April 1997 | 1996/2959 |
| s. 162(4) (partially) | 1st October 1996 | 1996/2402 |
| s. 162 (to the extent it is not already in force) | 1st April 1997 | 1996/2959 |
| s. 163(7) (partially) | 1st October 1996 | 1996/2402 |
| s. 163 (to the extent it is not already in force) | 1st April 1997 | 1996/2959 |
| s. 164 | ||
| s. 165(1), (2) and (5) | 1st October 1996 | 1996/2402 |
| s. 165 (to the extent it is not already in force) | 1st April 1997 | 1996/2959 |
| s. 166 | ||
| s. 167(3) to (5) | 1st October 1996 | 1996/2402 |
| s. 167 (partially) | 23rd October 1996 | 1996/2658 |
| s. 167 (to the extent that it is not already in force) | 1st April 1997 | 1996/2959 |
| s. 168 | ||
| s. 169 | 1st October 1996 | 1996/2402 |
| ss. 170 and 171 | 1st April 1997 | 1996/2959 |
| s. 172 | 1st October 1996 | 1996/2402 |
| s. 173 | 1st April 1996 | 1996/2959 |
| s. 174 | 1st October 1996 | 1996/2402 |
| ss. 175 and 176 | 20th January 1997 | 1996/2959 |
| s. 177(3) | 1st October 1996 | 1996/2402 |
| s. 177 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 178 to 181 | ||
| s. 182 | 1st October 1996 | 1996/2402 |
| s. 183(2) | ||
| s. 183 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 184 | ||
| s. 185(2) and (3) (partially) | 1st October 1996 | 1996/2402 |
| s. 185 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 186 to 188 | ||
| s. 189(2) to (4) | 1st October 1996 | 1996/2402 |
| s. 189 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 190 to 193 | ||
| s. 194(6) (partially) | 1st October 1996 | 1996/2402 |
| s. 194 (to the extent that it is not already in force) | 20th January 1997 | 1996/2402 |
| s. 195 to 197 | ||
| s. 198(4) to (7) (partially) | 1st October 1996 | 1996/2402 |
| s. 198 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 199(5) | 1st October 1996 | 1996/2402 |
| s. 199 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 200 to 202 | ||
| s. 203(1), (2) and (7) | 1st October 1996 | 1996/2402 |
| s. 203 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 204 to 206 | ||
| s. 207(4) to (6) (partially) | 1st October 1996 | 1996/2402 |
| s. 207 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| ss. 208 and 209 | ||
| s. 210(2) | 1st October 1996 | 1996/2658 |
| s. 210 (to the extent that it is not already in force) | 20th January 1997 | 1996/2959 |
| s. 211 to 214 | ||
| s. 215 | 1st October 1996 | 1996/2402 |
| s. 216 | 20th January 1997 | 1996/2959 |
| ss. 217 and 218 | 1st October 1996 | 1996/2402 |
| s. 222 (in so far as not already in force) | ||
| s. 227 (partially) | 1st October 1996 | 1996/2212 |
| s. 227 (partially) | 1st April 1997 | 1996/2959 |
(1)
(2)
c. 50. See sections 101, 102, 148, 149, 150 and 151 of the Housing Act 1996.
(3)
See section 98 of the Housing Act 1996.
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