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The Housing Act 2004 (Commencement No. 1) (Wales) Order 2005

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Welsh Statutory Instruments

2005 No. 1814 (W.144) (C.75)

HOUSING, WALES

The Housing Act 2004 (Commencement No. 1) (Wales) Order 2005

Made

5 July 2005

The National Assembly for Wales, in exercise of the powers conferred on it by section 270(4)(a), (5)(c), (5)(f) and (7) of the Housing Act 2004(1), hereby makes the following Order:

Title, interpretation and application

1.—(1) The title of this Order is the Housing Act 2004 (Commencement No. 1) (Wales) Order 2005.

(2) In this Order —

“the 2004 Act” (“Deddf 2004”) means the Housing Act 2004; and

“the commencement date” (“y dyddiad cychwyn”) means 14 July 2005.

(3) This Order applies in relation to Wales.

Provisions coming into force on the commencement date

2.  The following provisions of the 2004 Act come into force on the commencement date —

(a)section 191;

(b)section 227;

(c)section 228;

(d)section 265(1) so far as it relates to the paragraphs of Schedule 15 to the 2004 Act specified in paragraph (f) below;

(e)Schedule 12; and

(f)in Schedule 15 —

(i)paragraph 1;

(ii)paragraph 7(1), (2), (3)(a), (3)(c), (4)(a) and 5;

(iii)paragraph 35;

(iv)paragraph 37(1), (2)(a), (2)(b) and (3);

(v)paragraph 45(1), (2)(b), (2)(c), (2)(d) and (3); and

(vi)paragraph 46.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2).

D. Elis-Thomas

The Presiding Officer of the National Assembly

5 July 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force various provisions of the Housing Act 2004 (“the 2004 Act”) in relation to Wales.

The provisions of the 2004 Act listed under article 2 come into force on 14 July 2005. They provide for:

(a)new grounds upon which consent to assignment of a secure tenancy may be withheld (section 191 of the 2004 Act inserts a new Ground 2A into Schedule 3 of the Housing Act 1985);

(b)the removal of the duty on local housing authorities under section 167 of the Local Government and Housing Act 1989 to send annual reports to tenants (section 227 of the 2004 Act); and

(c)the creation of the office of Social Housing Ombudsman for Wales (section 228 of the 2004 Act inserts new sections 51A, 51B and 51C into the Housing Act 1996 and Schedule 12 to the 2004 Act inserts a new Schedule 2A into that 1996 Act).

This Order also brings into force consequential amendments (article 2(f) refers).

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