The Housing (Right to Buy) (Prescribed Forms) (Revocation) (England) Regulations 2005

These Regulations have been made in the circumstances indicated in the Explanatory Note and are being issued, free of charge, to all known recipients of S.I. 2005/410.

Statutory Instruments

2005 No. 1017

HOUSING, ENGLAND

The Housing (Right to Buy) (Prescribed Forms) (Revocation) (England) Regulations 2005

Made

24th March 2005

Coming into force

31st March 2005

The First Secretary of State, in exercise of the powers conferred by section 176(1) and (5) of the Housing Act 1985(1), hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Revocation) (England) Regulations 2005 and shall come into force on 31st March 2005.

(2) These Regulations apply in relation to England only.

Revocation of Regulations

2.  The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) Regulations 2005(2) are hereby revoked.

Signed by authority of the First Secretary of State

Keith Hill

Minister of State Office of the Deputy Prime Minister

24th March 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) Regulations 2005, which were due to come into force, in relation to properties in England only, on 1st April 2005. Those Regulations have been revoked because of the postponement of the coming into force of section 181 of the Housing Act 2004, which transfers jurisdiction on appeals relating to the right to buy from the Secretary of State to residential property tribunals.

The effect of the revocation is that Form RTB2, which is set out in Schedule 2 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 (“the 1986 Regulations”), continues to be the prescribed form for use by a landlord in admitting or denying a tenant’s claim under section 124(1) of the Housing Act 1985 to buy the freehold or purchase a lease or leasehold interest of his or her property. (By virtue of regulation 3 of the 1986 Regulations, a form substantially to the same effect as that set out in Schedule 2 to the 1986 Regulations may be used.)

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business, charities or voluntary bodies.

(1)

1985 c. 68. The functions of the Secretary of State under section 176 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), to which there are amendments not relevant to these Regulations.

(2)

S.I. 2005/410.