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The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003

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Statutory Instruments

2003 No. 259

LANDLORD AND TENANT, ENGLAND AND WALES

REGULATORY REFORM

The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003

Made

10th February 2003

Coming into force in accordance with article 1

Whereas:

(a)

the First Secretary of State, as respects England, and the Secretary of State for Wales, as respects Wales, (“the Secretaries of State”) consulted(1)—

(i)

such organisations as appeared to them to be representative of interests substantially affected by their proposals for this Order,

(ii)

such organisations as appeared to them to be representative of statutory bodies to whose functions those proposals relate,

(iii)

the National Assembly for Wales, and

(iv)

such other persons as they considered appropriate;

(b)

following the consultation mentioned in recital (a) the Secretaries of State considered it appropriate to proceed with the making of this Order;

(c)

a document containing the proposals of the Secretaries of State was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001(2) and the period for Parliamentary consideration under section 8 of that Act expired;

(d)

the Secretaries of State had regard to the representations made during that period and, in particular, to the Third Report of Session 2002–03 of the Regulatory Reform Committee of the House of Commons and the Sixth Report of Session 2002–03 of the Delegated Powers and Regulatory Reform Committee of the House of Lords;

(e)

a draft of this Order was laid before Parliament with a statement giving details of those representations;

(f)

the draft was approved by resolution of each House of Parliament;

(g)

the Secretaries of State are of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and

(h)

this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretaries of State are of the opinion that—

(i)

the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created; and

(ii)

the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made:

Now, therefore, the First Secretary of State, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby make the following Order:

(1)

A consultation paper “Proposal to change the rules on the timing of rent increases for assured periodic tenancies in England and Wales” was published by the Office of the Deputy Prime Minister and the Wales Office in June 2002. Copies may be obtained from the Office of the Deputy Prime Minister Free Literature, PO Box 236, Wetherby, West Yorkshire LS23 7NB (tel: 0870 1226 236).

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