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Housing Act 1996 (Consequential Provisions) Order 1996

As Enacted Cited authorities 114 Cited in Amendments 210 Related
Vincent
JurisdictionUK Non-devolved

1996 No. 2325

HOUSING, ENGLAND AND WALES

HOUSING, SCOTLAND

The Housing Act 1996 (Consequential Provisions) Order 1996

Made 9th September 1996

Laid 10th September 1996

Coming into force 1st October 1996

The Secretary of State, in exercise of the powers conferred on him by sections 52, 55(2) and (3) and 231(5) of the Housing Act 19961, and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Housing Act 1996 (Consequential Provisions) Order 1996.

(2) This Order comes into force on 1st October 1996.

S-2 Interpretation

Interpretation

2. In this Order—

“subordinate legislation” has the meaning given in the Interpretation Act 19782;

“the 1985 Act” means the Housing Associations Act 19853; and

“the 1996 Act” means the Housing Act 1996.

S-3 Continuity of the law

Continuity of the law

3.—(1) A reference (express or implied) in Part I of the 1996 Act or any other enactment, instrument or document to any provision of that Part shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of that provision, a reference to the corresponding provision of the 1985 Act or any corresponding earlier enactment.

(2) Without prejudice to the generality of paragraph (1), a reference (express or implied) in Part I of the 1996 Act or any other enactment, instrument or document to registration as a social landlord shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of section 1 of the 1996 Act, a reference to registration under Part I of the 1985 Act or any corresponding earlier enactment.

(3) Anything done (including subordinate legislation made), or having effect as done, under a provision of the 1985 Act repealed and re-enacted, with or without modifications, by or under Part I of the 1996 Act has effect as if done under the corresponding provision made by or under Part I of the 1996 Act.

(4) A reference (express or implied) in an enactment, instrument or other document to a provision of the 1985 Act repealed and re-enacted, with or without modifications, by or under Part I of the 1996 Act shall be construed, so far as is required for continuing its effect and subject to any express amendment by or under that Part, as being, or as the case may require including, a reference to the corresponding provision made by or under that Part.

(5) Without prejudice to the generality of paragraph (4), a reference (express or implied) in an enactment, instrument or other document to registration as a housing association shall, so far as the context permits, other than in relation to times, circumstances and purposes before the commencement of section 1 of the 1996 Act, be construed as being, or as the case may require including, a reference to registration as a social landlord.

(6) This article is subject to any transitional provisions or savings made by or under the 1996 Act.

S-4 Repeals

Repeals

4.—(1) Subject to paragraphs (2) to (4), the enactments specified in Schedule 1 are repealed to the extent specified.

(2) The repeal by this Order of an enactment which amends an enactment which is repealed by or under the 1996 Act subject to savings does not affect the operation of those savings.

(3) The repeal of definitions or references to definitions in the 1985 Act does not affect their continued application in relation to enactments repealed subject to savings (whether previously or by or under Part I of the 1996 Act).

(4) The repeal of the definition of “housing activities” in the 1985 Act does not affect its continued application in relation to sections 50 to 55 of the Housing Act 19884.

S-5 Consequential amendments

Consequential amendments

5.—(1) Subject to paragraph (2), the enactments specified in Schedule 2 have effect with the amendments specified.

(2) The amendment in paragraph 18(8)(b) of Schedule 2 does not apply in relation to periods ending on or before 30th September 1996.

S-6 Extent

Extent

6.—(1) The provisions of this Order, other than Parts II and III of Schedule 1 and paragraphs 15(3) to (9), (11) to (18), (24)(a) and (35) and 18(9)(a) of Schedule 2, extend to England and Wales.

(2) The following provisions of this Order extend to Scotland—

articles 1 to 6,

Part II of Schedule 1, and

paragraphs 2, 4, 10, 12, 15(1) to (19), (21), (24), (35) and (36), 18(1) and (9)(a) and 20 of Schedule 2.

(3) The following provisions of this Order extend to Northern Ireland—

articles 1 to 6,

Part III of Schedule 1, and

paragraphs 2, 12 and 20 of Schedule 2.

Paul Beresford

Parliamentary Under Secretary of State,

Department of the Environment

9th September 1996

SCHEDULES

SCHEDULE 1

Article 4

REPEALS

1 PART 1—ENGLAND AND WALES

PART 1—ENGLAND AND WALES

Act

Short title

Extent of repeal

1968 c. 13

5National Loans Act 1968

6In paragraph 3 of Schedule 4, the words “67 or”.

1973 c. 26

7Land Compensation Act 1973

8In section 87(1), the definition of “registered” (in relation to a housing association) and the word “and” immediately preceding the definition.

1985 c. 68

18Housing Act 1985

In Schedule 5, in paragraph 3 the word “or” immediately following the entry for section 50 of the Housing Act 1988

1985 c. 69

Housing Associations Act 1985

11In section 1(2), the words “(in this part referred to as “the 1965 Act”)”.

Section 2A.

12In section 10(2), the words “by a registered housing association, or”.

Section 37.

13Section 38(b).

14In section 39, the definition of “mental disorder”.

15In section 40, the entries relating to “appropriate registrar”, “bank”, “committee”, “compulsory disposal”, “co-opted member”, “the Companies Act”, “the Corporation”, “dissolved under the 1965 Act”, “dwelling”, “eligible for registration”, “exempted disposal”, “friendly society”, “hostel”, “housing activities”, “insurance company”, “member of family”, “mental disorder”, “the 1965 Act”, “register, registered, registration and unregistered (in relation to a housing association)”, “registered charity”, “relevant disposal”, “shared ownership lease”, “standard scale” and “trustee savings bank”.

Section 60.

16Section 72.

17In section 73, the entries relating to, “fully mutual”, “heritable security”, “housing activities”, “registered and related expressions (in relation to a housing association)” and “registered charity”.

19In section 87 the word “registered”.

Section 105.

20In section 106, in subsection (1), the definitions of “bank”, “the Companies Act”, “friendly society”, “housing activities”, “insurance company” and “trustee savings bank” and in subsection (2), the definitions of “bank”, “the Companies Act”, “friendly society”, “housing activities”, “insurance company” and “trustee savings bank”.

1985 c. 71

21Housing (Consequential Provisions) Act 1985

In Schedule 2, paragraphs 32, 38(2)(b) and (3), 50(4)(b) and 60(2)(a).

1986 c. 63

Housing and Planning Act 198622

In section 2(3), the entry relating to paragraph 1(2) of Schedule 2 to the Housing Associations Act 1985.

In Schedule 5, paragraphs 1(4) and 13.

1987 c. 22

Banking Act 1987

In Schedule 6, paragraph 22.

1988 c. 50

Housing Act 1988

In section 50(1), the words from “and”, where it appears for the second time, to the end.

In section 51(1), the word “concerned”.

In Schedule 6, paragraphs 1, 26(b) and (c), 32 and 36.

In Schedule 17, paragraphs 56, 57 and 107.

1989 c. 42

23Local Government and Housing Act 1989

In section 169(9) in the definition of “housing association”, the words from “those” to “Act (”.

1993 c. 10

25Charities Act 1993

Paragraph 21(5)(b) of Schedule 6.
2 PART II—SCOTLAND

PART II—SCOTLAND

Act

Short title

Extent of repeal

1968 c. 13

National Loans Act 1968

24In paragraph 3 of Schedule 4, the words “67 or”.

1985 c. 69

The Housing Associations Act 1985

26Section 2A.

Section 3(2).

27In section 4(5), in the definitions of “acquisition right”, “disposed of on shared ownership terms” and “letting” the words from “(a)” to “Scotland”.

In section 6(5), the words from “(a)” to “Act,”.

In section 7(3), the words from “(a)” to “Act,”.

120In section 8(1), the words “by Corporation”.

121In section 14(1), the words “which is a society registered under the 1965 Act”.

28In section 15, in subsection (1), the words “which is a society registered under the 1965 Act” and in subsection (2), paragraph (f) and subsection (2A).

29In section 16(4), the words from “(a)” to “Homes”.

30In section 19, in subsection (1), the words from “(a)” to “(b)” and in subsection (3), the words from “(a)” to “Homes”.

In section 21(1), the words from “(a)” to “(b)”.

122In section 22, in subsection (1), the words “to which this section applies” and subsection (2).

123In section 23, in subsection (1), the words “which is a society registered under the 1965 Act”, subsection (3) and in subsection (4), the words “In any other case”.

124Section 24(2).

In section 25, the words “which is a society registered under the 1965 Act.”

Section 26.

125In section 27, in subsection (2), paragraph (c) and subsection (4).

126Section 27A(3).

31In section 30, in subsection (4), the words from “(a)” to “Homes” and in subsection (6), the words from “but” to the end.

127In section 32, in subsection (1), the words “which is a society registered under the 1965 Act”, subsection (2) and in subsection (3), the words “In any other case”.

128In section 39, in the definition of “mental disorder” the words “the Mental Health Act 1983 or”.

129In section 40, the definition of “the Corporation”.

130In section 73, the entry relating to “registered and related expressions (in relation to a housing association)”.

1988 c. 50

Housing Act 1988

In Schedule 6, paragraph 1 and 26(b).
3 PART III—NORTHERN IRELAND

PART III—NORTHERN IRELAND

Act

Short title

Extent of repeal

1968 c. 13

National Loans Act 1968

In paragraph 3 of Schedule 4, the words “67 or”.

SCHEDULE 2

Article 5

CONSEQUENTIAL AMENDMENTS

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