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The Housing Act 2004 (Commencement No. 2) (Wales) Order 2005 No. 3237 (W.242) (C.138)
URL: https://www.bailii.org/wales/legis/num_reg/2005/20053237e.html
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STATUTORY INSTRUMENTS
2005 No. 3237 (
W.242)
(
C.138)
/>
HOUSING,
WALES
/>
The Housing Act 2004 (
Commencement
No. 2) (
Wales)
Order 2005
The National Assembly
for
Wales,
in exercise of the powers
conferred
on it by section 270(4) and (5) of the Housing Act 2004[1], hereby makes the
following
Order:
Title, interpretation and application
1.
—(1) The title of this Order is the Housing Act 2004 (
Commencement
No. 2) (
Wales)
Order 2005.
(2) In this Order—
"the 2004 Act" ("
Deddf
2004") means the Housing Act 2004; and
(3) This Order applies in relation to
Wales.
/>
Provisions
coming
into
force
on the
commencement
date
/>
2.
The
following
provisions of the 2004 Act
come
into
force
on the
commencement
date—
/>
(a) Section 4 to the extent that it is not already in
force;
/>
(b) section 55, subsections (1), (2) and paragraphs (a) and (b) of subsection (5);
(
c)
sections 56 and 57;
(
d)
sections 79 and 80, to the extent that they are not already in
force;
/>
(e) section 81;
(
f)
section 179;
(g) sections 192 to 194; and
(h) section 237.
Signed on behalf of the National Assembly
for
Wales
under section 66(1) of the Government of
Wales
Act 1998[2].
D.
Elis-Thomas
The Presiding Officer of the National Assembly
22 November 2005
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into
force
various provisions of the Housing Act 2004 ("the 2004 Act") in relation to
Wales.
/>
The
following
provisions of the 2004 Act listed under article 2
come
into
force
on 25 November 2005:
(a) section 4 (
which
allows a local housing authority to inspect residential premises in their
district
with
a view to
determining
whether
any
category
1 or 2 hazard exists on those premises);
(b) section 55 (subsections (1) and (2) of
which
set out the scope of the licensing provisions
for
houses in multiple occupation ("HMOs") under Part 2 of the 2004 Act);
(
c)
section 56 (
which
enables local authorities to
designate
an area to be subject to additional licensing in respect of specified HMOs);
(
d)
section 57 (
which
sets out the matters that a local housing authority must
consider
before exercising the powers in section 56 of the 2004 Act);
(e) section 79 (
which
sets out the scope of the licensing provisions
for
houses in Part 3 of the 2004 Act);
(
f)
section 80 (
which
enables a local housing authority to
designate
an area as subject to selective licensing if it is, or may become, an area of low housing
demand
or has a significant and persistent problem
with
anti social behaviour);
(g) section 81 (
which
sets out the matters the local housing authority must
consider
before exercising the powers under section 80 of the 2004 Act);
(h) section 179 (
which
amends the Housing Act 1996 by inserting new sections 125A and 125B
which
allow an introductory tenancy to be extended by up to six months);
(i) section 192 (
which
amends the Housing Act 1985 ("the 1985 Act") by inserting a new section 121A
which
enables landlords of secure tenants to seek an order
from
the
court
suspending the right to buy
for
a specified period on the grounds of anti-social behaviour);
(j) section 193 (
which
amends section 138 of the 1985 Act by inserting new subsections (2A) to (2D)
which
prevent a tenant being able to
compel
completion
of a right to buy sale if an application is pending
for
a
demotion
order, a suspension order, or a possession order sought on the grounds of anti-social behaviour);
(k) section 194 (
which
allows any person to provide relevant information to the landlord of a secure tenant to enable the landlord to exercise
functions
connected
with
the provisions inserted by sections 191 to 193 of the 2004 Act); and
(l) section 237 (
which
enables a local housing authority to use information
which
it has obtained
for
housing benefit or
council
tax purposes in order to
carry
out its
functions
under Parts 1 to 4 of the 2004 Act).
NOTE AS TO EARLIER
COMMENCEMENT
ORDERS
(This note is not part of the Order)
The
following
provisions of the 2004 Act have been brought into
force
in
Wales
by a
Commencement
Order made before the
date
of this Order:
Provision
|
Date of Commencement
|
S.I. Number
|
Section 191 |
14 July 2005 |
2005/1814( W. 144)( C. 75) |
Section 227 |
14 July 2005 |
2005/1814( W. 144)( C. 75) |
Section 228 |
14 July 2005 |
2005/1814( W. 144)( C. 75) |
Section 265(1) (partially) |
14 July 2005 |
2005/1814( W. 144)( C. 75) |
Schedule 12 |
14 July 2005 |
2005/1814( W. 144)( C. 75) |
Schedule 15 (partially) |
14 July 2005 |
2005/1814( W. 144)( C. 75) |
Notes:
[1]
2004
c.34.
href="#n1">back
[2]
1998
c.38.
href="#n2">back
Cymraeg
(
Welsh)
ISBN
0 11 091223 3
| & copy; Crown copyright 2005 |
Prepared
30 November 2005
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URL: https://www.bailii.org/wales/legis/num_reg/2005/20053237e.html