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The Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007

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Statutory Instruments

2007 No. 1668 (C. 66)

Housing, England and wales

The Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007

Made

8th June 2007

The Secretary of State, in exercise of the powers conferred by section 270(6) and (8) of the Housing Act 2004(1), makes the following Order:

Citation and application

1.  (1)  This Order may be cited as the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007.

(2) This Order applies in relation to England and Wales.

Commencement

2.  In so far as it is not already in force(2), Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 1st August 2007 in relation to the types of property described in article 3(1) and to the extent specified in article 3(2).

Application of Part 5 of the Housing Act 2004 to residential properties with four bedrooms or more

3.  (1)  The types of property referred to in article 2 are—

(a)a residential property which—

(i)is physically complete at the first point of marketing; and

(ii)has four bedrooms or more;

and

(b)a residential property which—

(i)is not physically complete at the first point of marketing; and

(ii)is expected to have four bedrooms or more once physically complete,

other than a property to the construction of which Regulation 17C of the Building Regulations 2000(3) applies.

(2) The duties under sections 155 to 159 of the Housing Act 2004 shall apply subject to the Home Information Pack (No.2) Regulations 2007(4).

Interpretation of article 3(2)

4.  In article 3—

(a)a residential property shall be regarded as having or expected to have four bedrooms or more if the manner in which the property is marketed indicates that it has or is expected to have four bedrooms or more;

(b)“first point of marketing” shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007; and

(c)“physically complete” shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007.

Signed by authority of the Secretary of State

for Communities and Local Government

Kay Andrews

Parliamentary under Secretary of State

Department for Communities and Local Government

8th June 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 into force in England and Wales on 1st August 2007. These provisions relate to home information packs. They are being brought into force only in relation to residential properties with four bedrooms or more, other than properties to which regulation 17C of the Building Regulations 2000 (which imposes minimum energy performance requirements) applies. Once in force, the provisions will apply to a residential property unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Housing Act 2004 have been brought into force in England by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 106.04.062006/1060
Sections 3 to 806.04.062006/1060
Sections 10 to 5206.04.062006/1060
Section 5306.04.072007/1068
Section 5406.04.062006/1060
Section 55(1), (2) and (5)(a) and (b)15.06.052005/1451
Section 55 (remainder)06.04.062006/1060
Sections 56 and 5715.06.052005/1451
Sections 58 to 7106.04.062006/1060
Section 72(2), (3), (5), (6) and (7)06.04.062006/1060
Section 72 (remainder)06.07.062006/1060
Section 7306.07.062006/1060
Section 74 (remainder)06.07.062006/1060
Sections 75 to 7806.04.062006/1060
Sections 79 and 80 (remainder)15.06.052005/1451
Section 8115.06.052005/1451
Sections 82 to 9406.04.062006/1060
Section 95 (2), (4) and (6)06.04.062006/1060
Section 95 (remainder)06.07.062006/1060
Section 9606.07.062006/1060
Section 97 (remainder)06.07.062006/1060
Sections 98 to 13306.04.062006/1060
Section 134 (remainder)06.07.062006/1060
Sections 135 to 14706.04.062006/1060
Section 17906.06.052005/1451
Section 18104.07.052005/1729
Sections 191 to 19406.06.052005/1451
Sections 212 to 215 (remainder)06.04.072007/1068
Section 220 (remainder)17.02.052005/326
Section 22117.02.052005/326
Section 22327.04.052005/1120
Section 225 (remainder)02.01.072006/3191
Section 22602.01.072006/3191
Section 22717.02.052005/326
Section 229 (remainder)04.07.052005/1729
Sections 230 and 23104.07.052005/1729
Section 23206.04.062006/1060
Sections 235 and 23606.04.062006/1060
Section 23715.06.052005/1451
Sections 238 to 24306.04.062006/1060
Section 265(1), in so far as it relates to paragraphs 2 to 6, 8 to 36 and 38 to 44 of Schedule 1506.04.062006/1060
Section 265(1), in so far as it relates to paragraph 47 of Schedule 1502.01.072006/3191
Section 266, in so far as it relates to the repeals listed in article 2(1)(e) of S.I. No 2006/106006.04.062006/1060
Schedules 1 to 706.04.062006/1060
Schedule 10 (remainder)06.04.072007/1068
Schedule 13 (remainder)04.07.052005/1729
Schedule 15, paragraphs 2 to 6, 8 to 36, and 38 to 4406.04.062006/1060
Schedule 15, paragraph 4702.01.072006/3191
Schedule 16, in so far as it relates to the repeals listed in article 2(1)(e) of S.I. No 2006/106006.04.062006/1060
Schedule 16, in so far as it relates to the repeals listed in article 2(b) of S.I. No 2007/106806.04.072007/1068

The following provisions of the Housing Act 2004 have been brought into force in Wales by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 1 and 316. 06.062006/1535
Section 425.11.052005/3237
Sections 5 to 816.06.062006/1535
Sections 10 to 5216.06.062006/1535
Section 5416.06.062006/1535
Section 55 (partially)25.11.052005/3237
Section 55 (remainder)16.06.062006/1535
Sections 56 and 5725.11.052005/3237
Sections 58 to 7816.06.062006/1535
Sections 79 to 8125.11.052005/3237
Sections 82 to 14716.06.062006/1535
Section 17925.11.052005/3237
Section 19114.07.052005/1814
Sections 192 to 19425.11.052005/3237
Sections 212 to 215 (remainder)06.04.072007/305
Sections 227 and 22814.07.052005/1814
Sections 229 to 23216.06.062006/1535
Sections 235 and 23616.06.062006/1535
Section 23725.11.052005/3237
Sections 238 to 24316.06.062006/1535
Section 265(1) and Schedule 15 (partially)14.07.052005/1814
Section 265(1) and Schedule 15 (partially)16.06.062006/1535
Section 266 (partially)16.06.062006/1535
Schedules 1 to 716.06.062006/1535
Schedule 10 (remainder)06.04.072007/305
Schedule 1214.07.052005/1814
Schedule 1316.06.062006/1535
(1)

2004 c.34. The power conferred by section 270(6) is exercisable by the Secretary of State as respects both England and Wales.

(2)

Under section 270(2) of the Housing Act 2004, sections 161 to 164, 176 and any other provision conferring powers to make an order or regulations, came into force on the day the Act was passed.

(3)

S.I. 2000/2531. Regulation 17C was inserted by S.I. 2006/652.

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