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Statutory Instruments

1987 No. 2277 (C. 71)

HOUSING, ENGLAND AND WALES

The Housing and Planning Act 1986 (Commencement No. 10) Order 1987

Made

16th December 1987

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by section 57(2) of the Housing and Planning Act 1986((1)) and of all other powers enabling them in that behalf, hereby make the following Order:—

1.   This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 10) Order 1987.

2.   The following provisions of the Housing and Planning Act 1986 shall come into force on 17th February 1988:—

(a)section 15; and

(b)section 24(1) insofar as it gives effect to paragraph 9 of Schedule 5.

Nicholas Ridley

Secretary of State for the Environment

11th December 1987

Peter Walker

Secretary of State for Wales

16th December 1987

Explanatory Note

(This note is not part of the Order)

This Order brings section 15 of and paragraph 9 of Schedule 5 to the Housing and Planning Act 1986 into force on 17th February 1988.

Section 15 gives effect to Schedule 3 to the Act, which inserts new provisions into Part XV of the Housing Act 1985 (c. 68). These provisions provide for a new form of grant (a common parts grant) to be available from a local housing authority towards the cost of works required for the improvement or repair of the common parts of a building containing one or more flats.

Paragraph 9 of Schedule 5 inserts a further provision into the Housing Act 1985 and into the Landlord and Tenant Act 1985 (c. 70), which limits the service charge that may be recovered in cases where a grant under Part XV of the Housing Act 1985 has been paid.

This limitation is not confined to cases of common parts grants.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Housing and Planning Act 1986 have been brought into force by commencement orders made before the date of this Order—

ProvisionDate of CommencementS.I. No.

sections 1 to 4

sections 10 to 14

sections 16 and 17

sections 19 and 20

sections 22 and 23

section 24 (partially)

Part III (ss.27 to 29)

Part VI (partially)

7th January 19871986/2262

section 49 (partially)

2nd March 19871987/304

section 40

section 49(2) (partially)

1st April 19871987/348

section 9

13th May 19871987/754

section 24(1) (partially)

1st September 19871987/1554

sections 26, 50 and 51

1st October 19871987/1607

section 25

section 41

section 49(1) (partially)

section 49(2) (partially)

2nd November 19871987/1759

section 18 (partially)

section 24 (partially)

Part V

11th December 19871987/1939