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The Housing and Regeneration Act 2008 (Commencement No. 2 and Transitional, Saving and Transitory Provisions) Order 2008

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Transitional provisions in relation to investigations under the Local Government Act 1974

8.  An investigation may be begun in accordance with Part 3 of the Local Government Act 1974(1) (“the 1974 Act”) on or after the commencement date in relation to actions or failures to act of the CNT or the URA before the commencement date, but in such a case the provisions of that Part shall have effect as if the actions or failures concerned were actions or failures of the HCA, and for this purpose and in particular—

(a)section 26(7)(a)(2) of the 1974 Act shall continue to have effect as though that subsection were not repealed by section 56 of, and paragraph 18 of Schedule 8 to, the Act; and

(b)section 26(7)(ba) of the 1974 Act shall continue to have effect as though that subsection were not repealed in part and amended by section 56 of, and paragraph 18 of Schedule 8 to, the Act, but

(c)the references to the CNT and the URA in each of those subsections respectively shall be construed as though they were references to the HCA.

(2)

Section 26 was amended by section 84 of and Schedule 14 to the Local Government Act 1985 (c. 51); section 29 of and Schedule 3 to the Local Government Act 1988 (c. 9); section 187 of and Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993; section 63 of and Schedule 7 to the Environment Act 1995 (c. 25); sections 125 and 152 of and Schedules 12 and 18 to the Government of Wales Act 1998 (c. 38); section 39 of and Schedules 6 and 7 to the Public Services Ombudsman (Wales) Act 2005 (c. 10); sections 173, 182, 241 of and Schedules 12 and 18 to the Local Government and Public Involvement in Health Act 2007 (c. 28); and SI 2007/1889. In particular, paragraph (7)(ba) was inserted by the 1993 Act, Schedule 21, paragraph 6(2) and amended by paragraph 18 of Schedule 8 to the Act.

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