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The Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018

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Citation

1.  These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018.

Interpretation

2.  In these Regulations—

“the Act” means the Housing and Planning Act 2016;

“the 2008 Act” means the Housing and Regeneration Act 2008(1);

“pre-commencement housing moratorium” means a moratorium under section 145 of the 2008 Act that begins before 5th July 2018.

Provisions coming into force on 5th July 2018

3.  The following provisions of the Act come into force on 5th July 2018—

(a)sections 95 to 101, 102(1) and 103 to 117 (insolvency of registered providers of social housing);

(b)Schedule 5 (conduct of housing administration: companies);

(c)Schedule 6 (amendments to housing moratorium and consequential amendments).

Transitional and saving provisions: pre–commencement housing moratorium

4.—(1) Despite the coming into force of paragraphs 3, 4 and 9 of Schedule 6 to the Act in accordance with regulation 3(c), sections 145, 146 and 275 of the 2008 Act continue to have effect without amendment in relation to a pre-commencement housing moratorium in respect of a private registered provider.

(2) A pre-commencement housing moratorium ends in accordance with section 146(2) of the 2008 Act as saved by paragraph (1), or when a housing administration order is made under Chapter 5 of Part 4 of the Act in relation to the private registered provider, whichever is the sooner.

Transitional provision: further moratorium

5.  In relation to a pre-commencement housing moratorium, section 147 of the 2008 Act has effect in relation to the private registered provider as if for “further notice” in subsections (1)(b) and (2) were substituted “notice”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

2nd July 2018

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