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The Housing Act 2004 (Commencement No. 5 and Transitional Provisions and Savings)(England) Order 2006

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Explanatory Note

(This note is not part of the Order)

This Order brings further provisions of the Housing Act 2004 (“the Act”) into force in England, subject to the transitional provisions and savings made in the Schedule to the Order.

Article 2(1) brings most of the provisions of the following Parts of the Act into force on 6th April 2006 to the extent they are not already in force:

  • Part 1, which introduces a new system for local housing authorities to assess housing conditions and enforce housing standards. Part 1 replaces Part 6 of the Housing Act 1985 (repair notices) and amends Part 9 of that Act (slum clearance)

  • Part 2, which provides for the licensing by such authorities of houses in multiple occupation and replaces Part 11 of the Housing Act 1985

  • Part 3, which provides for the selective licensing by such authorities of other residential accommodation

  • Part 4, which provides for additional control by such authorities in relation to residential accommodation by the making of management orders and empty dwelling management orders and the service of overcrowding notices

  • Part 7, which contains supplementary and final provisions for the purposes of the Act.

Article 2(1) also brings into force minor or consequential amendments in Schedule 15, and repeals in Schedule 16, to the Act which are associated with the other provisions brought into force by the Order.

Article 2(2) brings the remaining provisions of Parts 2 to 4 into force on 6th July 2006. The provisions relate to offences in Parts 2 and 3, the making of rent repayment orders in consequence of operating premises required to be licensed under those Parts which are not licensed and the authorisation by a residential property tribunal of the making of an interim empty dwelling management order under Chapter 2 of Part 4.

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