The Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (Wales) Regulations 2007

Repeal of Part 11 of the Housing Act 1985: transitional provisions

13.—(1) During the period beginning on 5 December 2007(1) and ending on 5 December 2008, the repeal of sections 346, 346A, 346B, 347, 348, 348A to 348G, 350, 351 and 395 to 397 of the Housing Act 1985(2) (“the 1985 Act”) does not have effect in relation to any registration scheme which—

(a) conforms to a model scheme prepared by the National Assembly for Wales under section 346B of the 1985 Act; or

(b) was confirmed by the National Assembly for Wales before 30 June 2006,

in so far as such scheme applies to a relevant converted block of flats that is registered or required to be registered under such scheme.

(2) During the period beginning on 5 December 2007 and ending on 5 December 2008, the maximum permissible fee payable on registration, or re-registration, of a relevant converted block of flats will be calculated as one fifth of the fee that would normally be chargeable by the local housing authority operating the registration scheme.

(3) During the period beginning on 5 December 2007 and ending on 5 December 2008—

(a) the repeal of sections 352, 352A and 353 of, and Schedule 10 to, the 1985 Act will not have effect in relation to any notice served before 5 December 2008 under section 352(1) of that Act in relation to a relevant converted block of flats; and

(b) the repeal of sections 354, 355, 356, and 395 to 397 of the 1985 Act will not have effect in relation to the commission before 5 December 2008 of any offence concerning a relevant converted block of flats under—

(i) subsection (2) of section 355 of that Act; or

(ii) subsection (2) of section 356 of that Act.

(4) In relation to an appeal brought under subsection (2) of section 357 of the 1985 Act before 5 December 2007, a decision of a court to vary, or not to revoke, a direction under section 354 of that Act will not have effect.

(5) During the period beginning on 5 December 2007 and ending on 5 December 2008—

(a) the repeal of sections 369 and 395 to 397 of the 1985 Act will not have effect in relation to the commission before 5 December 2007 of any offence under regulations made under section 369 of that Act concerning a relevant converted block of flats;

(b) the repeal of section 372 of the 1985 Act will not have effect in relation to any notice served under subsection (1) of that section concerning a relevant converted block of flats before that date; and

(c) the repeal of section 373 of the 1985 Act will not have effect in relation to an appeal made before 5 December 2007 under subsection (1) of that section concerning a relevant converted block of flats.

(6) During the period beginning on 5 December 2007 and ending on 5 December 2009 the repeal of sections 375 to 377A and 378 of, and Schedule 10 to, the 1985 Act will not have effect in relation to any notice served before 5 December 2007 under section 352 or 372 of that Act concerning a relevant converted block of flats.

(7) In this regulation “relevant converted block of flats” (“bloc fflatiau perthnasol a addaswyd”) means a building or a part of a building which is—

(a) a converted block of flats to which section 257 of the 2004 Act applies; and

(b) a house in multiple occupation for the purposes of Part 11 of the 1985 Act.

(1)

Under paragraph 2(1) of Part 2 of the Schedule to the Housing Act 2004 (Commencement No. 3 and Transitional Provisions and Savings) (Wales) Order 2006 (S.I. 2006/1535 (W. 152)), during the period beginning on 16 June 2006 and ending on the date when regulations made by the National Assembly for Wales under section 61(5) of the Act come into force, the repeal of certain sections contained in Part 11 of the Housing Act effected by that Order did not have effect in relation to a “relevant converted block of flats”. “Relevant converted block of flats” is defined in that Order as a building or part of a building which is a converted block of flats to which section 257 of the Housing Act 2004 applies and a house in multiple occupation for the purposes of Part 11 of the Housing Act 1985. This regulation makes further transitional provision in relation to such relevant converted blocks of flats.

(2)

1985 c. 68.