The Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998

Statutory Instruments

1998 No. 2213

FIRE SERVICES

The Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998

Made

5th September 1998

Laid before Parliament

15th September 1998

Coming into force

8th October 1998

The Secretary of State, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 1992(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998, and shall come into force on 8th October 1998.

Interpretation

2.  In these Regulations “the 1947 Act” means the Fire Services Act 1947(2), and “combination scheme” means a combination scheme under that Act.

Secure tenancies

3.—(1) Where, by virtue of section 18(3) of the Local Government Act 1992, an order under section 17 of that Act provides, or has provided–

(a) that, subject to any combination scheme, a district is to become the area of a fire authority for the purposes of the 1947 Act; or

(b) that, for the purposes of the making of any combination scheme, the area of a district is to be treated as an area which would become the area of a fire authority by virtue of the order;

paragraph (2) below shall apply in relation to a combined fire authority constituted by a combination scheme which includes such an area.

(2) A combined fire authority constituted by such a combination scheme shall, for the purposes of the application of section 80 of the Housing Act 1985(3) (the landlord conditions), be treated as if it were a local authority.

George Howarth

Parliamentary Under-Secretary of State

Home Office

5th September 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the provisions in Part IV (Secure Tenancies) and Part V (Right to Buy) of the Housing Act 1985 to apply to qualifying tenancies where the landlord is a combined fire authority created as a consequence of structural changes in local government areas effected by orders under section 17 of the Local Government Act 1992.

(1)

1992 c. 19.

(2)

1947 c. 41.

(3)

1985 c. 68.