The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1997

Statutory Instruments

1997 No. 328

HOUSING, ENGLAND AND WALES

The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1997

Made

11th February 1997

Laid before Parliament

18th February 1997

Coming into force

11th March 1997

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 upon them by sections 104(2A), 111(a), 112 and 114(1) of the Housing Act 1988(1) and of all other powers enabling them in that behalf, hereby make the following Regulations—

1.  These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1997 and shall come into force on 11th March 1997.

2.  In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990(2) (payment by instalments) for “6.87 per cent.” substitute “7.18 per cent.”.

3.  The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 3) Regulations 1996(3) are revoked.

4.  Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,

Department of the Environment

8th February 1997

Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under Secretary of State, Welsh Office

11th February 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 by increasing, from 6.87 per cent. to 7.18 per cent., the rate of interest on outstanding disposal costs which are payable by instalments under Part IV of the Housing Act 1988 (change of landlord: secure tenants). The Regulations also revoke the Regulations which prescribed the previous interest rate. Regulation 4 preserves the previous interest rate in respect of any period before these Regulations come into force.

Paragraph 1 of Schedule 18 to the Housing Act 1996 provides that Part IV of the Housing Act 1988 is repealed and article 3 of the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 brought that paragraph into force on 1st October 1996.

Paragraph 12 of the Schedule to that Order provides that Part IV of the 1988 Act and the provisions mentioned in Part IX of Schedule 19 of that Order remain in force in respect of applications made under section 96 of the Housing Act 1988 (application to exercise right) which have not been disposed of before 1st October 1996 and acquisitions made before that date.

(1)

1988 c. 50; subsection (2A) of section 104 was inserted by section 174 of the Local Government and Housing Act 1989 (c. 42); and in section 114(1) see the definition of “prescribed”. Part IV of the Housing Act 1988 was repealed on 1st October 1996 with transitional provisions see paragraph 1 of Schedule 18 to the Housing Act 1996 (c. 52) and S.I. 1996/2402.

(2)

S.I. 1990/1019, amended by S.I. 1990/2219, S.I. 1991/1899 and 2685, S.I. 1992/542, 2011 and 3176, S.I. 1993/581, S.I. 1994/266 and 2916, S.I. 1995/854 and 2823, S.I. 1996/184, 1269 and 2228.

(3)

S.I. 1996/2228.