(This note is not part of the Order)
This is the first commencement order made by the Welsh Ministers under the Housing (Wales) Act 2014 (“the Act”). It commences certain provisions in the Act for differing purposes on 1 December 2014.
Article 2(a) commences, for all purposes, certain provisions in Parts 4, 5, 6, 8 and 9 of, and Parts 3 and 5 of Schedule 3 to, the Act.
Part 4 of the Act contains provisions allowing the Welsh Ministers to set standards for social housing. It also introduces Part 3 of Schedule 3 which contains amendments consequent on Part 4. This Part is commenced in full, with the exception of section 129 (application of duties relating to service charges to local authority tenancies).
Part 5 of the Act abolishes the Housing Revenue Account subsidy; however only section 131(4)(c) of Part 5 is commenced now. This repeals paragraph 2, Part 3 of Schedule 4 to the Local Government and Housing Act 1989 (c. 42) (credit balance where no Housing Revenue Account subsidy is payable).
Part 6 of the Act amends the Housing Act 1988 (c. 50) (Assured Tenancies – tenancies which cannot be assured tenancies). Section 137 is commenced in full to allow fully mutual housing associations to grant assured tenancies.
Part 8 of the Act amends Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (Landlord and Tenant). It also repeals, in relation to Wales, the Leasehold Reform (Amendment) Act 2014. The amendments allow notices to be signed on behalf of tenants.
Part 9 of the Act contains miscellaneous provisions. The provisions not already in force are commenced by this Order. Section 141 introduces Part 5 of Schedule 3 to the Act. This makes minor amendments to the Mobile Homes (Wales) Act 2013 (anaw 6). Section 144 contains the Welsh Ministers’ power to make consequential and transitional provisions etc.
Article 2(b) commences certain provisions in Parts 1 and 2 of, and Schedule 2 to, the Act, but only for the purposes of making orders and regulations, and giving directions.
Article 2(c) commences certain provisions in Parts 1, 2 and 3 of the Act, but only for the purposes of giving, revising or revoking statutory guidance and issuing, amending or withdrawing a code of practice.