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The Housing Act 2004 (Commencement No. 11) (England and Wales) Order 2008
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Statutory Instruments
2008 No. 898 (C. 42)
Housing, England And Wales
The Housing Act 2004 (Commencement No. 11) (England and Wales) Order 2008
Made
13th March 2008
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. 11) (England and Wales) Order 2008.
(2) This Order applies in relation to England and Wales.
Commencement
2.—(1) In so far as it is not already in force(2), Part 5 of (and Schedule 8 to) the Housing Act 2004 (“the Act”) shall come into force on 6th April 2008.
(2) The duties under sections 155 to 159 of the Act shall apply subject to the Home Information Pack (No.2) Regulations 2007(3).
Kay Andrews
Parliamentary Under-Secretary of State
Department for Communities and Local Government
13th March 2008
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 fully in force in England and Wales on 6th April 2008. These provisions relate to home information packs.
Earlier commencement orders brought into force Part 5 on a phased basis as applied to residential properties of different types. This order brings into force Part 5 in relation to all remaining residential properties. By virtue of the earlier commencement orders, these are properties to which regulation 17C of the Building Regulations 2000 applies (which imposes minimum energy performance requirements). 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:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 | 06.04.06 | 2006/1060 |
| Sections 3 to 8 | 06.04.06 | 2006/1060 |
| Sections 10 to 52 | 06.04.06 | 2006/1060 |
| Section 53 | 06.04.07 | 2007/1068 |
| Section 54 | 06.04.06 | 2006/1060 |
| Section 55(1), (2) and (5)(a) and (b) | 15.06.05 | 2005/1451 |
| Section 55 (remainder) | 06.04.06 | 2006/1060 |
| Sections 56 and 57 | 15.06.05 | 2005/1451 |
| Sections 58 to 71 | 06.04.06 | 2006/1060 |
| Section 72(2), (3), (5), (6) and (7) | 06.04.06 | 2006/1060 |
| Section 72 (remainder) | 06.07.06 | 2006/1060 |
| Section 73 | 06.07.06 | 2006/1060 |
| Section 74 (remainder) | 06.07.06 | 2006/1060 |
| Sections 75 to 78 | 06.04.06 | 2006/1060 |
| Sections 79 and 80 (remainder) | 15.06.05 | 2005/1451 |
| Section 81 | 15.06.05 | 2005/1451 |
| Sections 82 to 94 | 06.04.06 | 2006/1060 |
| Section 95 (2), (4) and (6) | 06.04.06 | 2006/1060 |
| Section 95 (remainder) | 06.07.06 | 2006/1060 |
| Section 96 | 06.07.06 | 2006/1060 |
| Section 97 (remainder) | 06.07.06 | 2006/1060 |
| Sections 98 to 133 | 06.04.06 | 2006/1060 |
| Section 134 (remainder) | 06.07.06 | 2006/1060 |
| Sections 135 to 147 | 06.04.06 | 2006/1060 |
| Sections 148 to 178, in so far as applied to residential properties with four bedrooms or more | 01.08.07 | 2007/1668 |
| Sections 148 to 178, in so far as applied to residential properties with three bedrooms | 10.09.07 | 2007/2471 |
| Sections 148 to 178, in so far as applied to residential properties with fewer than three bedrooms | 14.12.07 | 2007/3308 |
| Section 179 | 06.06.05 | 2005/1451 |
| Section 181 | 04.07.05 | 2005/1729 |
| Sections 191 to 194 | 06.06.05 | 2005/1451 |
| Sections 212 to 215 (remainder) | 06.04.07 | 2007/1068 |
| Section 220 (remainder) | 17.02.05 | 2005/326 |
| Section 221 | 17.02.05 | 2005/326 |
| Section 223 | 27.04.05 | 2005/1120 |
| Section 225 (remainder) | 02.01.07 | 2006/3191 |
| Section 226 | 02.01.07 | 2006/3191 |
| Section 227 | 17.02.05 | 2005/326 |
| Section 229 (remainder) | 04.07.05 | 2005/1729 |
| Sections 230 and 231 | 04.07.05 | 2005/1729 |
| Section 232 | 06.04.06 | 2006/1060 |
| Sections 235 and 236 | 06.04.06 | 2006/1060 |
| Section 237 | 15.06.05 | 2005/1451 |
| Sections 238 to 243 | 06.04.06 | 2006/1060 |
| Section 265(1), in so far as it relates to paragraphs 2 to 6, 8 to 36 and 38 to 44 of Schedule 15 | 06.04.06 | 2006/1060 |
| Section 265(1), in so far as it relates to paragraph 47 of Schedule 15 | 02.01.07 | 2006/3191 |
| Section 266, in so far as it relates to the repeals listed in article 2(1)(e) of S.I. No 2006/1060 | 06.04.06 | 2006/1060 |
| Schedules 1 to 7 | 06.04.06 | 2006/1060 |
| Schedule 10 (remainder) | 06.04.07 | 2007/1068 |
| Schedule 13 (remainder) | 04.07.05 | 2005/1729 |
| Schedule 15, paragraphs 2 to 6, 8 to 36, and 38 to 44 | 06.04.06 | 2006/1060 |
| Schedule 15, paragraph 47 | 02.01.07 | 2006/3191 |
| Schedule 16, in so far as it relates to the repeals listed in article 2(1)(e) of S.I. No 2006/1060 | 06.04.06 | 2006/1060 |
| Schedule 16, in so far as it relates to the repeals listed in article 2(b) of S.I. No 2007/1068 | 06.04.07 | 2007/1068 |
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:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 and 3 | 16. 06.06 | 2006/1535 |
| Section 4 | 25.11.05 | 2005/3237 |
| Sections 5 to 8 | 16.06.06 | 2006/1535 |
| Sections 10 to 52 | 16.06.06 | 2006/1535 |
| Section 54 | 16.06.06 | 2006/1535 |
| Section 55 (partially) | 25.11.05 | 2005/3237 |
| Section 55 (remainder) | 16.06.06 | 2006/1535 |
| Sections 56 and 57 | 25.11.05 | 2005/3237 |
| Sections 58 to 78 | 16.06.06 | 2006/1535 |
| Sections 79 to 81 | 25.11.05 | 2005/3237 |
| Sections 82 to 147 | 16.06.06 | 2006/1535 |
| Sections 148 to 178, in so far as applied to residential properties with four bedrooms or more | 01.08.07 | 2007/1668 |
| Sections 148 to 178, in so far as applied to residential properties with three bedrooms | 10.09.07 | 2007/2471 |
| Sections 148 to 178, in so far as applied to residential properties with fewer than three bedrooms | 14.12.07 | 2007/3308 |
| Section 179 | 25.11.05 | 2005/3237 |
| Section 191 | 14.07.05 | 2005/1814 |
| Sections 192 to 194 | 25.11.05 | 2005/3237 |
| Sections 212 to 215 (remainder) | 06.04.07 | 2007/305 |
| Section 225 (remainder) | 13.12.07 | 2007/3232 |
| Section 226 | 13.12.07 | 2007/3232 |
| Sections 227 and 228 | 14.07.05 | 2005/1814 |
| Sections 229 to 232 | 16.06.06 | 2006/1535 |
| Sections 235 and 236 | 16.06.06 | 2006/1535 |
| Section 237 | 25.11.05 | 2005/3237 |
| Sections 238 to 243 | 16.06.06 | 2006/1535 |
| Section 265(1) and Schedule 15 (partially) | 14.07.05 | 2005/1814 |
| Section 265(1) and Schedule 15 (partially) | 16.06.06 | 2006/1535 |
| Section 265(1) in so far as it relates to paragraph 47 of Schedule 15 | 13.12.07 | 2007/3232 |
| Section 266 (partially) | 16.06.06 | 2006/1535 |
| Schedules 1 to 7 | 16.06.06 | 2006/1535 |
| Schedule 10 (remainder) | 06.04.07 | 2007/305 |
| Schedule 12 | 14.07.05 | 2005/1814 |
| Schedule 13 | 16.06.06 | 2006/1535 |
(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 Act, 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. Part 5 of (and Schedule 8 to) the Act were brought into force with application to properties having four bedrooms or more by the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 (S.I. 2007/1668, C.66), with application to properties having three bedrooms by the Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 (S.I. 2007/2471, C.90) and with application to those having fewer than three bedrooms by the Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007 (S.I. 2007/3308, C.137).
(3)
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