The Protection from Eviction (Excluded Licences) (Royal British Legion Industries Ltd) (England) Order 2003

Statutory Instruments

2003 No. 2436

HOUSING, ENGLAND

The Protection from Eviction (Excluded Licences) (Royal British Legion Industries Ltd) (England) Order 2003

Made

18th September 2003

Laid before Parliament

25th September 2003

Coming into force

16th October 2003

The First Secretary of State, in exercise of the powers conferred by section 3A(8)(i) of the Protection from Eviction Act 1977(1) hereby makes the following Order:

Citation, commencement and application

1.—(1) This Order may be cited as the Protection from Eviction (Excluded Licences) (Royal British Legion Industries Ltd) (England) Order 2003 and shall come into force on 16th October 2003.

(2) This Order applies in relation to licences of premises in England only(2).

Specified person

2.  Royal British Legion Industries Ltd (registered charity number 210063) is hereby specified for the purposes of section 3A(8)(i) of the Protection from Eviction Act 1977 (licences which confer rights of occupation in hostels provided by certain persons).

Signed by authority of the First Secretary of State

Yvette Cooper

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

18th September 2003

Explanatory Note

(This note is not part of the Order)

The Protection from Eviction Act 1977 (“the 1977 Act”) prohibits eviction without a court order (section 3), makes special provision for agricultural employees (section 54) and imposes requirements as to notices to quit (section 5). Excluded tenancies and licences are not subject to the requirements of these sections.

Section 3A of the 1977 Act provides which tenancies and licences are excluded; subsection (8) of that section provides that a licence is excluded if it confers rights of occupation in a hostel provided by a body mentioned in that subsection or by a person (or member of a class of person) specified by order.

This Order, which applies in relation to licences of premises in England only, specifies Royal British Legion Industries Ltd (registered charity number 210063) for the purposes of section 3A(8)(i) of the 1977 Act.

(1)

1977 c. 43. Section 3A was inserted by section 31 of the Housing Act 1988 (c. 50).

(2)

The functions of the Secretary of State under section 3A(8)(i) are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); article 2; see the entry for the Protection from Eviction Act 1977 in Schedule 1 to that Order.