The Housing Act 2004 (Commencement No. 4 and Transitional Provisions)(England) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings the following provisions of the Housing Act 2004 (“the 2004 Act”) into force in England on 4th July 2005:

section 181, which amends paragraph 11 of Schedule 5 to the Housing Act 1985 (“the 1985 Act”) by providing that applications questioning the exclusion of a property from the right to buy on the ground that it is particularly suitable for elderly persons shall be determined by a residential property tribunal instead of the Secretary of State; and by providing that section 231 of the 2004 Act does not apply to any decision of a residential property tribunal in relation to such applications;

section 229, which provides that jurisdiction given under the 2004 Act or any other enactment to a residential property tribunal shall be exercised by a rent assessment committee constituted under the Rent Act 1977;

section 230, which confers a general power on residential property tribunals to give directions by order;

section 231, which sets out the right of appeal from a decision of a residential property tribunal to the Lands Tribunal; and

Schedule 13, which confers on the Secretary of State power to make regulations relating to the procedure of residential property tribunals (see the Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005 (S.I.2005/1509)) (“the Regulations”).

The transitional provision in article 3(1) provides that where a residential property tribunal determines an application under paragraph 11(4) of Schedule 5 to the 1985 Act made during the period of 28 days before 4th July 2005, the Regulations shall apply to that application.

The transitional provision in article 3(2) provides that in the period of 56 days after 4th July 2005, an application purporting to be made under paragraph 11(4) of Schedule 5 to the 1985 Act, but made in error to the Secretary of State, will be deemed to have been made to a residential property tribunal.