The Housing and Regeneration Act 2008 (Commencement No. 2 and Transitional, Saving and Transitory Provisions) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, on 1 December 2008, certain provisions of Parts 1, 2, 3 and 4 of the Housing and Regeneration Act 2008 (“the Act”). As regards Part 1, the provisions commenced (by article 2) are those relating to the main powers of the Homes and Communities Agency, including powers relating to land, planning, financial assistance, borrowing and other functions, and those relating to consequential amendments to other enactments.

As regards Part 2, the provisions commenced (by article 3) are those relating to consequential amendments to other enactments.

As regards Part 3, the provisions commenced (by article 4) are those relating to various landlord and tenant and housing matters. Some create regulation making powers; others (sections 297 and 298 of the Act) introduce new family intervention tenancies.

As regards Part 4, the provisions commenced (by article 5) are those relating to repeals connected to provisions commenced in articles 2, 3 and 4 and other repeals listed in Schedule 16 to the Act.

Articles 6 to 13 make transitional, saving and transitory provision in relation to functions transferred from the Urban Regeneration Agency or the Commission for the New Towns to the HCA or the Welsh Ministers, investigations under the Local Government Act 1974, the acquisition of land, the planning functions of the Urban Regeneration Agency, landfill tax provisions (in relation to contaminated land) of the Finance Act 1996 and other functions of the Urban Regeneration Agency.